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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring sexually oriented businesses to participate |
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in the federal electronic verification of employment authorization |
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program, or E-verify; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.016, Labor Code, is amended by |
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amending Subsections (a), (c), (d), (e), and (h) and adding |
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Subsection (j) to read as follows: |
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(a) In this section: |
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(1) "E-verify program" has the meaning assigned by |
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Section 673.001, Government Code. |
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(2) "Sexually[, "sexually] oriented business" has the |
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meaning assigned by Section 243.002, Local Government Code. |
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(c) A sexually oriented business shall: |
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(1) maintain at the business a record that contains a |
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copy of a valid proof of identification of each employee orand |
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independent contractor working at the premises of the business; and |
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(2) register and participate in the E-verify program |
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to verify information of all employees and independent contractors. |
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(d) A proof of identification satisfies the requirements of |
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Subsection (c)(1) if the identification: |
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(1) contains a physical description and photograph |
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consistent with the person's appearance; |
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(2) contains the date of birth of the person; and |
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(3) was issued by a government agency. |
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(e) The form of identification under Subsection (c)(1) may |
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include: |
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(1) a driver's license issued by this state or another |
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state; |
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(2) a passport; or |
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(3) an identification card issued by this or another |
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state or the federal government. |
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(h) The commission, the attorney general, or a local law |
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enforcement agency may inspect a record maintained under this |
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section and request proof of E-verify program information |
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verification if there is good reason to believe that an individual |
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younger than 18 years of age is employed or has been employed by the |
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sexually oriented business within the twofive years preceding the |
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date of the inspection. |
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(j) A person commits an offense if the person fails to |
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register and participate in the E-verify program as required by |
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Subsection (c)(2). |
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SECTION 2. The change in law made by this Act applies only |
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to an employee of a sexually oriented business who commences |
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employment with the business on or after the effective date of this |
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Act. |
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SECTION 3. This Act takes effect September 1, 2021. |