89R8710 RDS-D     By: Dutton H.B. No. 2351       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting the employment of persons not lawfully   present; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle B, Title 2, Labor Code, is amended by   adding Chapter 53 to read as follows:   CHAPTER 53.  PROHIBITION ON EMPLOYMENT OF PERSONS NOT LAWFULLY   PRESENT          Sec. 53.001.  DEFINITIONS.  In this chapter:                (1)  "Employee" means an individual who is employed by   an employer for compensation.  The term includes an individual   employed on a part-time basis.                (2)  "Employer" means a person who:                      (A)  employs at least one employee; or                      (B)  acts directly or indirectly in the interests   of an employer in relation to an employee.                (3)  "Person not lawfully present" means a person who,   at the time of employment, is present in this country following the   commission of an offense under Chapter 51, Penal Code.          Sec. 53.002.  OFFENSE: EMPLOYMENT OF PERSON NOT LAWFULLY   PRESENT. (a)  An employer commits an offense if the employer   knowingly hires or employs a person not lawfully present.          (b)  An offense under this section is a felony of the third   degree.          (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 classification was not in accordance   with Chapter 201.          SECTION 2.  This Act takes effect September 1, 2025.