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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring employers to participate in the federal |
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electronic verification of work authorization program, or |
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E-verify; creating an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 2, Labor Code, is amended by |
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adding Chapter 53 to read as follows: |
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CHAPTER 53. VERIFICATION OF EMPLOYEE INFORMATION |
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Sec. 53.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Workforce |
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Commission. |
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(2) "Employee" means an individual, other than an |
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independent contractor, who, for compensation, performs services |
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for an employer under a written or oral contract of hire, whether |
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express or implied. |
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(3) "Employer" means a person who employs one or more |
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employees. The term includes a governmental entity. |
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(4) "E-verify program" means the electronic |
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verification of work authorization program of the federal Illegal |
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Immigration Reform and Immigrant Responsibility Act of 1996 (Pub. |
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L. No. 104-208, reprinted in note, 8 U.S.C. Section 1324a), |
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operated by the United States Department of Homeland Security, or a |
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successor work authorization program designated by the United |
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States Department of Homeland Security or other federal agency |
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authorized to verify the work authorization status of newly hired |
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employees pursuant to the federal Immigration Reform and Control |
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Act of 1986 (8 U.S.C. Section 1101 et seq.). |
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(5) "Governmental entity" means: |
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(A) the state; or |
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(B) a political subdivision of the state, |
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including a municipality, a county, or any kind of district. |
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Sec. 53.002. VERIFICATION. An employer shall register and |
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participate in the E-verify program to verify information of all |
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new employees. |
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Sec. 53.003. ADMINISTRATIVE PENALTY. (a) The commission |
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may assess an administrative penalty against an employer who |
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violates this chapter or a rule or order adopted under this chapter |
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in the amount of not less than $5,000 for a first violation and |
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$10,000 for each subsequent violation. |
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(b) An administrative penalty assessed under this section |
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is subject to the procedural requirements applicable to |
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administrative penalties under Sections 51.033(d)-(r). |
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Sec. 53.004. RULES. The commission shall adopt rules and |
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prescribe forms to implement this chapter. |
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SECTION 2. This Act takes effect September 1, 2011. |