By: Huffman S.B. No. 766
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring sexually oriented businesses to participate
  in the federal electronic verification of employment authorization
  program, or E-verify; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.016, Labor Code, is amended by
  amending Subsections (a), (c), (d), (e), and (h) and adding
  Subsection (j) to read as follows:
         (a)  In this section:
               (1)  "E-verify program" has the meaning assigned by
  Section 673.001, Government Code.
               (2)  "Sexually[, "sexually] oriented business" has the
  meaning assigned by Section 243.002, Local Government Code.
         (c)  A sexually oriented business shall:
               (1)  maintain at the business a record that contains a
  copy of a valid proof of identification of each employee orand
  independent contractor working at the premises of the business; and
               (2)  register and participate in the E-verify program
  to verify information of all employees and independent contractors.
         (d)  A proof of identification satisfies the requirements of
  Subsection (c)(1) if the identification:
               (1)  contains a physical description and photograph
  consistent with the person's appearance;
               (2)  contains the date of birth of the person; and
               (3)  was issued by a government agency.
         (e)  The form of identification under Subsection (c)(1) may
  include:
               (1)  a driver's license issued by this state or another
  state;
               (2)  a passport; or
               (3)  an identification card issued by this or another
  state or the federal government.
         (h)  The commission, the attorney general, or a local law
  enforcement agency may inspect a record maintained under this
  section and request proof of E-verify program information
  verification if there is good reason to believe that an individual
  younger than 18 years of age is employed or has been employed by the
  sexually oriented business within the twofive years preceding the
  date of the inspection.
         (j)  A person commits an offense if the person fails to
  register and participate in the E-verify program as required by
  Subsection (c)(2).
         SECTION 2.  The change in law made by this Act applies only
  to an employee of a sexually oriented business who commences
  employment with the business on or after the effective date of this
  Act.
         SECTION 3.  This Act takes effect September 1, 2021.