83R2334 KSD-F
 
  By: Harless H.B. No. 615
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 alien" means a person who is
  entitled to lawful residence in the United States under the federal
  Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.).
               (7)  "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.
               (8)  "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.
  [Sections 53.003-53.050 reserved for expansion]
  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.
  [Sections 53.052-53.100 reserved for expansion]
  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.
  [Sections 53.102-53.150 reserved for expansion]
  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 September 1, 2013.