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HB 2351

AN ACT relating to prohibiting the employment of persons not lawfully

House Bill
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Committee

Not yet assigned

Fiscal Note

Not available

What This Bill Does

Prohibits employers from knowingly hiring or employing individuals who are not lawfully present in the United States, making such an action a third-degree felony. The law applies to any employer with at least one employee and includes severe criminal penalties, potentially impacting businesses that may have undocumented workers. If an employer is found to have hired someone not legally present in the country, they could face significant legal consequences, including potential felony charges.

Subject Areas

Bill Text

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
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
(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
(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
SECTION 2.  This Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to prohibiting the employment of persons not lawfully