Bill > HB2351

This bill adds a new chapter to the Texas Labor Code that criminalizes the employment of individuals not lawfully present in the United States. The bill defines key terms such as "employee" (anyone employed for compensation, including part-time workers) and "employer" (any person who employs at least one worker or acts in the interests of an employer). Specifically, the bill creates a third-degree felony offense for knowingly hiring or employing a "person not lawfully present," which is defined as someone in the country after committing an offense under Chapter 51 of the Penal Code. The legislation explicitly states that an employer cannot avoid prosecution by misclassifying such a person as an independent contractor if that classification does not comply with existing labor regulations. The new law is set to take effect on September 1, 2025, giving employers time to adjust their hiring practices to comply with the new legal requirements.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB2351