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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment and administration of an employment |
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verification compliance program, deterring the use of unauthorized |
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foreign workers, imposing powers and duties on executive agencies, |
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and providing for remedies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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Section 1. Subtitle A, Title 2, Labor code, is amended by |
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adding Chapter 23 to read as follows: |
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§ 23.001. PURPOSES. The general purposes of this chapter are |
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to: |
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(1) provide for the execution of the policies of Title |
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8, section 1324a of the Immigration and Nationality Act and its |
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subsequent amendments; |
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(2) identify an authority that meets the criteria |
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under 8 U.S.C. section 1324a(a)(1) and 8 U.S.C. section |
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1324a(a)(2); and, |
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(3) make available to the state the full productive |
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capacities of United States Citizens, Lawful Permanent Residents, |
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and employment-authorized foreign-born nationals in this state. |
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§ 23.002. DEFINITIONS. In this chapter: |
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(1) "E-Verify" means the internet-based system that |
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allows an employer, using information reported on an employee's |
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Form I-9, Employment Eligibility Verification form, to determine |
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the eligibility of that employee to work in the United States. The |
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system operated by the United States Department of Homeland |
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Security in partnership with the Social Security Administration. |
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(2) "knowingly" means having actual knowledge that a |
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person is an unauthorized foreign national or having a duty imposed |
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by law to determine the immigration status of an unauthorized |
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foreign national and failing to perform such duty. |
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(3) "unauthorized foreign national" means a person who |
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is--at the time of employment--neither an alien who is lawfully |
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admitted for permanent or conditional residence in the United |
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States pursuant to the federal Immigration and Nationality Act nor |
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authorized to be employed by the federal Immigration and |
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Nationality Act or the United States attorney general. |
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§ 23.003 ADMINISTRATIVE OFFENSE OF EMPLOYMENT OF |
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UNAUTHORIZED FOREIGN NATIONALS |
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(1) An employer shall not knowingly employ, recruit or |
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refer for a fee for employment, an unauthorized foreign national. |
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(2) An employer has not violated subsection (1) with |
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respect to a particular employee, if the employer: |
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(a) Requested from the employee, received, and |
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documented in the Form I-9 at least four (4) business days after |
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commencement of employment, lawful verification information |
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consistent with the employer requirements under the Immigration |
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Reform and Control Act of 1986, and its amendments; and |
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(b) The lawful resident verification information |
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provided by the person later was determined to be false. |
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(3) An employer has not violated subsection (1) with |
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respect to a particular employee, if the employer verified the |
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authorization status of the employee at least four (4) business |
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days after commencement of employment by using E-Verify. |
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(4) If there is substantial evidence that a violation |
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of subsection (1) has occurred, the commission shall conduct a |
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hearing on the question of whether the employer has violated |
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subsection (1). If the commission or the commission's designee |
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determined that there is clear and convincing evidence that a |
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person has violated subsection (1) the commission shall state in |
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its findings of fact and conclusions of law whether there have been |
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a pattern and practice of violations of subsection (1). |
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(a) For the first violation of subsection (1), |
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the commission shall issue an order compelling the employer to |
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request on-site training by the Department of Homeland Security to |
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assist the employer institute compliance protocols that may prevent |
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subsequent violations. |
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(b) For the second or subsequent violation of |
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subsection (1) occurring within two (2) years from the issuance of |
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the commission's first order, the commission shall order the |
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payment of an administrative fine to be assessed against the |
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employer up to an amount not to exceed: |
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(i) $500 in the case of an employer that has |
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fewer than 100 employees; |
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(ii) $1000 in the case of an employer that |
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has more than 101 employees and fewer than 200 employees; |
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(iii) $1500 in the case of an employer that |
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has more than 201 employees and fewer than 300 employees; and, |
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(iv) $2000 in the case of an employer that |
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has more than 301 employees or more. |
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(c) For the purposes of subsection (b), in |
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determining the number of employees of an employer, the requisite |
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number of employees must be employed by the employer for each of 20 |
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or more calendar weeks in the current or preceding calendar year. |
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(5) The commission is authorized to promulgate rules |
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and regulations to effectuate the purposes of this section. |