TITLE: Relating to prohibiting the employment of persons not lawfully present; creating a criminal offense.

SUMMARY: Relating to prohibiting the employment of persons not lawfully present; creating a criminal offense.

FULL TEXT:
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.