89R12130 RDS-D     By: Lowe H.B. No. 3681       A BILL TO BE ENTITLED   AN ACT   relating to requiring certain public and private employers in this   state to participate in the federal electronic verification of   employment authorization program, or E-verify, and notice   regarding certain persons whose eligibility to work in the United   States cannot be verified; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 673, Government Code, is transferred to   Subtitle A, Title 6, Government Code, redesignated as Chapter 621,   Government Code, and amended to read as follows:   CHAPTER 621 [673].  VERIFICATION OF EMPLOYEE INFORMATION          Sec. 621.001  [673.001].  DEFINITIONS.  In this chapter:                (1)  "Department" means the Department of Public   Safety.                (2)  "E-verify program" means the electronic   verification of employment 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 employment authorization program designated by the   United States Department of Homeland Security 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 (8 U.S.C. Section 1101 et seq.).                (3)  "Governmental entity" means a state agency or   political subdivision of this state.                (4)  "Person not lawfully present" has the meaning   assigned by Section 53.001, Labor Code.                [(2)  "State agency" has the meaning assigned by   Section 659.101.]          Sec. 621.002  [673.002].  VERIFICATION.  A governmental   entity [state agency] shall register and participate in the   E-verify program to verify information of all new employees.          Sec. 621.003  [673.003].  RULES.  The Texas Workforce   Commission shall adopt rules and prescribe forms to implement this   chapter.          Sec. 621.004.  NOTICE. (a) A governmental entity that   receives notice from a federal agency authorized to operate the   E-verify program that the agency attempted but was not able to   verify that a person seeking employment with the entity is not a   person not lawfully present shall, not later than the fifth day   after the date of receiving the notice, forward the contents of the   notice to the department.           (b)  On receipt of a notice forwarded by a governmental   entity under Subsection (a), the department shall determine whether   the person who is the subject of the notice may be a person not   lawfully present. If the department determines that the person may   be a person not lawfully present, the department shall notify the   United States Immigration and Customs Enforcement of its   determination.           (c)  The department may adopt rules necessary to implement   this section.           SECTION 2.  Subtitle B, Title 2, Labor Code, is amended by   adding Chapter 53 to read as follows:   CHAPTER 53.  EMPLOYMENT OF PERSONS NOT LAWFULLY PRESENT          Sec. 53.001.  DEFINITIONS.  In this chapter:                (1)  "Department" means the Department of Public   Safety.                (2)  "Employee" means an individual who is employed by   an employer for compensation.  The term includes an individual   employed on a part-time basis.                (3)  "Employer" means a person, other than a   governmental entity, who:                      (A)  employs at least one employee; or                      (B)  acts directly or indirectly in the interests   of an employer in relation to an employee.                (4)  "E-verify program" has the meaning assigned by   Section 673.001, Government Code.                (5)  "Person not lawfully present" means a person who,   at the time of employment, is not:                      (A)  a citizen or national of the United States;   or                       (B)  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.) or   authorized to be employed by that Act or by the United States   attorney general.          Sec. 53.002.  VERIFICATION.  An employer shall register and   participate in the E-verify program to verify information of all   new employees.          Sec. 53.003.  NOTICE. (a) An employer that receives notice   from a federal agency authorized to operate the E-verify program   that the agency attempted but was not able to verify that a person   seeking employment with the employer is not a person not lawfully   present shall, not later than the fifth day after the date of   receiving the notice, forward the contents of the notice to the   department.           (b)  On receipt of a notice forwarded by an employer under   Subsection (a), the department shall determine whether the person   who is the subject of the notice may be a person not lawfully   present. If the department determines that the person may be a   person not lawfully present, the department shall notify the United   States Immigration and Customs Enforcement of its determination.           (c)  The department may adopt rules necessary to implement   this section.           Sec. 53.004.  CRIMINAL PENALTY. (a) An employer commits an   offense if the employer violates this chapter.          (b)  An offense under this section is a Class A misdemeanor.           (c)  It is not a defense to prosecution under this section   that the employer classified the person not lawfully present as an   independent contractor if the person was not properly classified in   accordance with Chapter 201.           SECTION 3.  This Act takes effect January 1, 2026.