Honorable Byron Cook, Chair, House Committee on State Affairs
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB1202 by Riddle (Relating to the creation of the offense of employing or contracting with an unauthorized alien.), As Introduced
The bill would amend the Penal Code as it relates to certain employment or contracts prohibited under federal law. The bill would create the offense of employing or contracting with an unauthorized alien, which would be punishable as a state jail felony. Under the provisions of the bill, a person would commit the offense identified in the bill if the person employs or contracts an unauthorized alien, or enters into certain contracts or subcontracts for the performance of labor or other work involving an unauthorized alien.
A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A Misdemeanor punishment (mandatory post conviction community supervision).
Broadening the definition of the types of behavior punishable is expected to result in increased demands upon the correctional resources of counties or of the State due to an increase in offenses. It is expected that individuals who would be affected under the provisions of this bill are currently being sentenced under federal statute. According to the Bureau of Justice Statistics Federal Justice Statistics Program website (http://bjs.ojp.usdoj.gov/fjsrc/), there were 84,749 arrests nationwide for immigration offenses between October 1, 2008 and September 30, 2009. It is unknown how many of those arrests were for employing or contracting with an unauthorized alien, how many took place in Texas, or how many in the future would be convicted under this statute versus federal statute.