82R9463 KSD-F
	By: Jackson	H.B. No. 2450

	A BILL TO BE ENTITLED
	AN ACT
	relating to the creation of the offense of employing an individual
	not lawfully present in the United States.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Title 8, Penal Code, is amended to
	read as follows:
	TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION; ADMINISTRATION OF
	CERTAIN LAWS
	SECTION 2.  Title 8, Penal Code, is amended by adding Chapter
	40 to read as follows:
	CHAPTER 40. CERTAIN EMPLOYMENT PROHIBITED UNDER FEDERAL LAW
	Sec. 40.01.  DEFINITIONS.  In this chapter:
	(1)  "Business" means a commercial enterprise or
	establishment, including a sole proprietorship, joint venture,
	partnership, corporation, or other legally recognizable entity,
	whether for profit or not for profit, that engages in a business
	operation in this state.
	(2)  "Employ" means to agree or promise to provide
	compensation for labor or services rendered.
	(3)  "Individual not lawfully present" means an
	individual who, at the time of employment, is an alien who is not
	lawfully admitted for permanent residence in the United States
	under the federal Immigration and Nationality Act (8 U.S.C. Section
	1101 et seq.) or not otherwise authorized to be employed by that Act
	or the United States attorney general.
	(4)  "Lawful resident alien" means a person who is
	entitled to lawful residence in the United States under the federal
	Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.).
	(5)  "Lawful resident verification information" means
	the documentation required by the United States Department of
	Homeland Security for completing the employment eligibility
	verification form commonly referred to as the I-9. Documentation
	that satisfies the requirements of the Form I-9 at the time of
	employment is lawful resident verification information.
	Sec. 40.02.  EMPLOYING INDIVIDUAL NOT LAWFULLY PRESENT. (a)
	A business commits an offense if the business intentionally or
	knowingly employs an individual not lawfully present.
	(b)  An offense under this section is punishable by a fine of
	not more than $10,000 for the first offense and a fine of not more
	than $20,000 or less than $10,000 for each subsequent offense.
	(c)  The attorney general may offer to a county or district
	attorney the assistance of the attorney general's office in the
	prosecution of an offense under this section.  For purposes of this
	subsection, assistance includes investigative, technical, and
	litigation assistance.
	(d)  In addition to the fines described by Subsection (b), a
	district attorney, a county attorney, or the attorney general may
	recover reasonable expenses incurred in prosecuting an offense
	under this section, including court costs, reasonable attorney's
	fees, investigative costs, witness fees, and deposition costs.
	Sec. 40.03.  AFFIRMATIVE DEFENSES.  (a)  It is an affirmative
	defense to prosecution of a violation of Section 40.02 that:
	(1)  the business, at least l4 calendar days after the
	commencement of the employee's employment, requested from the
	employee and received and documented in the employee's employment
	record, lawful resident verification information consistent with
	employer requirements under the federal Immigration Reform and
	Control Act of 1986 (Pub. L. No. 99-603); and
	(2)  the lawful resident verification information
	provided by the employee later was determined to be false.
	(b)  It is an affirmative defense to prosecution of a
	violation of Section 40.02 that the business verified the
	immigration status of the individual at least 14 calendar days
	after the commencement of the employee's employment through an
	electronic federal work authorization program operated by the
	United States Department of Homeland Security to verify information
	of newly hired employees.
	SECTION 3.  This Act takes effect September 1, 2011.