BILL ANALYSIS

H.B. 323

By: Spiller

Intergovernmental Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that political subdivisions are not currently required to verify employment eligibility through E-verify, leading to inconsistencies in hiring practices, potentially exposing entities to legal and financial risks as a result of employing unauthorized workers, and undermining accountability and public trust. H.B. 323 seeks to address this issue by standardizing the use of E-verify across local government agencies.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 323 amends the Local Government Code to require each county, municipality, school district, junior college district, other special district, or other subdivision of state government to register and participate in the federal E-verify program to verify the employment authorization status of all new employees. The bill subjects an employee of such a political subdivision who is responsible for verifying information of new employees using E-verify to immediate termination of employment if they fail to do so.

H.B. 323 defines "E-verify program" by reference as the electronic verification of employment authorization program of the federal Illegal Immigration Reform and Immigrant Responsibility Act of 1996, operated by the U.S. Department of Homeland Security (DHS), or a successor employment authorization program designated by DHS or other federal agency authorized to verify the employment authorization status of newly hired employees under the federal Immigration Reform and Control Act of 1986.

EFFECTIVE DATE

September 1, 2025.