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