Bill Text: TX HB1202 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the creation of the offense of employing or contracting with an unauthorized alien.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-13 - Left pending in committee [HB1202 Detail]
Download: Texas-2011-HB1202-Introduced.html
| 82R996 KCR-D | ||
| By: Riddle | H.B. No. 1202 | |
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| relating to the creation of the offense of employing or contracting | ||
| with an unauthorized alien. | ||
| 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 AND THE | ||
| ADMINISTRATION OF CERTAIN LAWS | ||
| SECTION 2. Title 8, Penal Code, is amended by adding Chapter | ||
| 40 to read as follows: | ||
| CHAPTER 40. CERTAIN EMPLOYMENT OR CONTRACTS PROHIBITED UNDER | ||
| FEDERAL LAW | ||
| Sec. 40.01. DEFINITION. In this chapter, "unauthorized | ||
| alien" has the meaning assigned by 8 U.S.C. Section 1324a(h)(3). | ||
| Sec. 40.02. EMPLOYING OR CONTRACTING WITH UNAUTHORIZED | ||
| ALIEN. (a) A person commits an offense if the person | ||
| intentionally, knowingly, or recklessly: | ||
| (1) employs an unauthorized alien; | ||
| (2) contracts for the performance of labor or other | ||
| work with an unauthorized alien; or | ||
| (3) contracts or subcontracts for the performance of | ||
| labor or other work with another person the actor knows will employ | ||
| or contract with an unauthorized alien to perform labor or other | ||
| work under the contract or subcontract. | ||
| (b) An offense under this section is a state jail felony. | ||
| Sec. 40.03. EXCEPTIONS. It is an exception to the | ||
| application of Section 40.02 that the actor: | ||
| (1) employed or contracted with the unauthorized | ||
| alien, or entered into a contract or subcontract described by | ||
| Section 40.02(a)(3), for the purpose of obtaining labor or other | ||
| work to be performed exclusively or primarily at a single-family | ||
| residence in which the actor resides; or | ||
| (2) attempted to verify the unauthorized alien's | ||
| immigration status or work authorization in a manner that is more | ||
| likely than not to produce a correct and reliable result concerning | ||
| an individual's immigration status or work authorization and had no | ||
| knowledge of the unauthorized alien's actual immigration status or | ||
| work authorization. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
