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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition against the knowing employment of |
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unauthorized foreign nationals and to a biennial report regarding |
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reported violations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The purpose of this Act is to provide for the |
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execution of the policies of the federal Immigration and |
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Nationality Act (8 U.S.C. Section 1101 et seq.), identify |
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employment practices that violate 8 U.S.C. Sections 1324a(a)(1) and |
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(2), and make available to this state the full productive |
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employment capacities of United States citizens, lawful permanent |
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residents, and employment-authorized foreign-born nationals in |
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this state. |
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SECTION 2. 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. EMPLOYMENT OF UNAUTHORIZED FOREIGN NATIONALS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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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 who is employed by |
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an employer for compensation. |
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(3) "Employer" means a person who: |
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(A) employs one or more employees; or |
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(B) acts directly or indirectly in the interests |
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of an employer in relation to an employee. |
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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 another federal agency |
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authorized to verify the work authorization status of newly hired |
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employees under the federal Immigration Reform and Control Act of |
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1986 (8 U.S.C. Section 1101 et seq.). |
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(5) "Knowingly" means, with respect to employing, |
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recruiting, or referring an unauthorized foreign national, having |
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actual knowledge that a person is an unauthorized foreign national |
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or failing to perform a legal duty to determine the employment |
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eligibility status of an unauthorized foreign national. |
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(6) "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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(7) "Unauthorized foreign national" means a foreign |
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national who at the time of employment is neither an alien who is |
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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.) nor authorized to be employed by that Act or the |
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United States attorney general. |
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Sec. 53.002. RULES. The commission shall adopt rules for |
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the administration of this chapter. |
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SUBCHAPTER B. PROHIBITION AGAINST KNOWING EMPLOYMENT OF |
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UNAUTHORIZED FOREIGN NATIONAL |
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Sec. 53.051. PROHIBITION AGAINST KNOWING EMPLOYMENT OF |
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UNAUTHORIZED FOREIGN NATIONAL. (a) An employer may not knowingly |
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employ, or recruit or refer for a fee for employment, an |
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unauthorized foreign national. |
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(b) An employer has not violated Subsection (a) in regard to |
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a particular employee if: |
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(1) the employer, at least four calendar days after |
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the 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 (8 U.S.C. Section 1101 et seq.); 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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(c) An employer has not violated Subsection (a) in regard to |
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a particular employee if the employer verified the immigrant status |
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of the person at least four calendar days after the commencement of |
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the employee's employment through the E-Verify program. |
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SUBCHAPTER C. FILING COMPLAINTS |
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Sec. 53.101. FILING COMPLAINT. (a) A person who has reason |
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to believe that an employer has violated Section 53.051(a) may file |
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a complaint with the commission. |
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(b) A complaint must: |
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(1) be in writing on a form prescribed by the |
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commission; and |
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(2) be verified by the person making the complaint. |
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(c) A person may file a complaint under this section: |
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(1) in person at an office of the commission; or |
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(2) by mailing the complaint to an address designated |
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by the commission. |
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SUBCHAPTER D. BIENNIAL REPORT TO LEGISLATURE |
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Sec. 53.151. BIENNIAL REPORT TO LEGISLATURE. (a) Not later |
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than November 1 of each even-numbered year, the commission shall |
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prepare and submit to the governor and the legislature a written |
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report based on nonidentifiable, summary data compiled by the |
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commission from complaints filed under Subchapter C during the two |
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preceding state fiscal years. |
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(b) The report must include any relevant information and |
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analysis the commission determines would assist the legislature in |
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making informed decisions regarding the issue of illegal |
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immigration as it relates to employment in this state. |
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(c) The report may not include any information that could |
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reasonably be expected to reveal the identity of a particular |
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employer or employee or of a person who files a complaint with the |
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commission under Subchapter C. |
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SECTION 3. Chapter 53, Labor Code, as added by this Act, |
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applies only to a violation that occurs on or after the effective |
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date of this Act. |
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SECTION 4. This Act takes effect November 1, 2013. |