By: Huffman S.B. No. 766

(In the Senate - Filed February 23, 2021; March 11, 2021, read first time and referred to Committee on Jurisprudence; April 9, 2021, reported favorably by the following vote: Yeas 5, Nays 0; April 9, 2021, sent to printer.) Click here to see the committee vote

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 and [or] 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) [(c)] 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) [(c)] 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 five [two] 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.

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