Bill Text: TX SB30 | 2013 | 83rd Legislature 1st Special Session | Introduced
Bill Title: Relating to a prohibition against the knowing employment of unauthorized foreign nationals and to a biennial report regarding reported violations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-06-10 - Filed [SB30 Detail]
Download: Texas-2013-SB30-Introduced.html
| 83S10250 KSD-F | ||
| By: Patrick | S.B. No. 30 | |
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| relating to a prohibition against the knowing employment of | ||
| unauthorized foreign nationals and to a biennial report regarding | ||
| reported violations. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The purpose of this Act is to provide for the | ||
| execution of the policies of the federal Immigration and | ||
| Nationality Act (8 U.S.C. Section 1101 et seq.), identify | ||
| employment practices that violate 8 U.S.C. Sections 1324a(a)(1) and | ||
| (2), and make available to this state the full productive | ||
| employment capacities of United States citizens, lawful permanent | ||
| residents, and employment-authorized foreign-born nationals in | ||
| this state. | ||
| SECTION 2. Subtitle B, Title 2, Labor Code, is amended by | ||
| adding Chapter 53 to read as follows: | ||
| CHAPTER 53. EMPLOYMENT OF UNAUTHORIZED FOREIGN NATIONALS | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 53.001. DEFINITIONS. In this chapter: | ||
| (1) "Commission" means the Texas Workforce | ||
| Commission. | ||
| (2) "Employee" means an individual who is employed by | ||
| an employer for compensation. | ||
| (3) "Employer" means a person who: | ||
| (A) employs one or more employees; or | ||
| (B) acts directly or indirectly in the interests | ||
| of an employer in relation to an employee. | ||
| (4) "E-Verify program" means the electronic | ||
| verification of work authorization program of the federal Illegal | ||
| Immigration Reform and Immigrant Responsibility Act of 1996 (Pub. | ||
| L. No. 104-208, reprinted in note, 8 U.S.C. Section 1324a), | ||
| operated by the United States Department of Homeland Security, or a | ||
| successor work authorization program designated by the United | ||
| States Department of Homeland Security or another federal agency | ||
| authorized to verify the work authorization status of newly hired | ||
| employees under the federal Immigration Reform and Control Act of | ||
| 1986 (8 U.S.C. Section 1101 et seq.). | ||
| (5) "Knowingly" means, with respect to employing, | ||
| recruiting, or referring an unauthorized foreign national, having | ||
| actual knowledge that a person is an unauthorized foreign national | ||
| or failing to perform a legal duty to determine the employment | ||
| eligibility status of an unauthorized foreign national. | ||
| (6) "Lawful resident verification information" means | ||
| the documentation required by the United States Department of | ||
| Homeland Security for completing the employment eligibility | ||
| verification form commonly referred to as the I-9. Documentation | ||
| that satisfies the requirements of the Form I-9 at the time of | ||
| employment is lawful resident verification information. | ||
| (7) "Unauthorized foreign national" means a foreign | ||
| national who at the time of employment is neither an alien who is | ||
| lawfully admitted for permanent residence in the United States | ||
| under the federal Immigration and Nationality Act (8 U.S.C. Section | ||
| 1101 et seq.) nor authorized to be employed by that Act or the | ||
| United States attorney general. | ||
| Sec. 53.002. RULES. The commission shall adopt rules for | ||
| the administration of this chapter. | ||
| SUBCHAPTER B. PROHIBITION AGAINST KNOWING EMPLOYMENT OF | ||
| UNAUTHORIZED FOREIGN NATIONAL | ||
| Sec. 53.051. PROHIBITION AGAINST KNOWING EMPLOYMENT OF | ||
| UNAUTHORIZED FOREIGN NATIONAL. (a) An employer may not knowingly | ||
| employ, or recruit or refer for a fee for employment, an | ||
| unauthorized foreign national. | ||
| (b) An employer has not violated Subsection (a) in regard to | ||
| a particular employee if: | ||
| (1) the employer, at least four calendar days after | ||
| the commencement of the employee's employment, requested from the | ||
| employee and received and documented in the employee's employment | ||
| record lawful resident verification information consistent with | ||
| employer requirements under the federal Immigration Reform and | ||
| Control Act of 1986 (8 U.S.C. Section 1101 et seq.); and | ||
| (2) the lawful resident verification information | ||
| provided by the employee later was determined to be false. | ||
| (c) An employer has not violated Subsection (a) in regard to | ||
| a particular employee if the employer verified the immigrant status | ||
| of the person at least four calendar days after the commencement of | ||
| the employee's employment through the E-Verify program. | ||
| SUBCHAPTER C. FILING COMPLAINTS | ||
| Sec. 53.101. FILING COMPLAINT. (a) A person who has reason | ||
| to believe that an employer has violated Section 53.051(a) may file | ||
| a complaint with the commission. | ||
| (b) A complaint must: | ||
| (1) be in writing on a form prescribed by the | ||
| commission; and | ||
| (2) be verified by the person making the complaint. | ||
| (c) A person may file a complaint under this section: | ||
| (1) in person at an office of the commission; or | ||
| (2) by mailing the complaint to an address designated | ||
| by the commission. | ||
| SUBCHAPTER D. BIENNIAL REPORT TO LEGISLATURE | ||
| Sec. 53.151. BIENNIAL REPORT TO LEGISLATURE. (a) Not later | ||
| than November 1 of each even-numbered year, the commission shall | ||
| prepare and submit to the governor and the legislature a written | ||
| report based on nonidentifiable, summary data compiled by the | ||
| commission from complaints filed under Subchapter C during the two | ||
| preceding state fiscal years. | ||
| (b) The report must include any relevant information and | ||
| analysis the commission determines would assist the legislature in | ||
| making informed decisions regarding the issue of illegal | ||
| immigration as it relates to employment in this state. | ||
| (c) The report may not include any information that could | ||
| reasonably be expected to reveal the identity of a particular | ||
| employer or employee or of a person who files a complaint with the | ||
| commission under Subchapter C. | ||
| SECTION 3. Chapter 53, Labor Code, as added by this Act, | ||
| applies only to a violation that occurs on or after the effective | ||
| date of this Act. | ||
| SECTION 4. This Act takes effect October 1, 2013. | ||
