HB 3681

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
(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
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
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
(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
(c)  The department may adopt rules necessary to implement
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
(2)  "Employee" means an individual who is employed by
an employer for compensation.  The term includes an individual
(3)  "Employer" means a person, other than a
(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;
(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
Sec. 53.002.  VERIFICATION.  An employer shall register and
participate in the E-verify program to verify information of all
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
(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
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
SECTION 3.  This Act takes effect January 1, 2026.