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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the employment of persons not lawfully |
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present; 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. Subtitle B, Title 2, Labor Code, is amended by |
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adding Chapter 53 to read as follows: |
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CHAPTER 53. PROHIBITION ON EMPLOYMENT OF PERSONS NOT LAWFULLY |
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PRESENT |
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Sec. 53.001. DEFINITIONS. In this chapter: |
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(1) "Employee" means an individual who is employed by |
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an employer for compensation. The term includes an individual |
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employed on a part-time basis. |
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(2) "Employer" means a person who: |
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(A) employs at least one employee; or |
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(B) acts directly or indirectly in the interests |
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of an employer in relation to an employee. |
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(3) "Person not lawfully present" means a person who, |
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at the time of employment, is present in this country following the |
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commission of an offense under Chapter 51, Penal Code. |
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Sec. 53.002. OFFENSE: EMPLOYMENT OF PERSON NOT LAWFULLY |
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PRESENT. (a) An employer commits an offense if the employer |
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knowingly hires or employs a person not lawfully present. |
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(b) An offense under this section is a felony of the third |
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degree. |
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(c) It is not a defense to prosecution under this section |
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that the employer classified the person not lawfully present as an |
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independent contractor if the classification was not in accordance |
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with Chapter 201. |
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SECTION 2. This Act takes effect September 1, 2025. |