Monitoring the Session

HB 2351

Dutton Bill Defines ‘Not Lawfully Present’ By Chapter 51 Alone

Died in committee

Verdict: Smells

SmellsInitial review
Rep. Harold V. Dutton Jr.DHouse 142
Why it's charged
The hole

THE TEXT

“"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.”

Bill text, introduced version (I)

The caption promises a ban on employing persons not lawfully present, but the definition covers only people whose presence follows a Chapter 51 Penal Code offense, so other unlawfully present workers fall outside the ban. Combined with the "knowingly" standard, an employer would have to know the worker committed that specific state offense; the reading of Chapter 51's scope rests on general knowledge of Texas law.

The hole

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to prohibiting the employment of persons not lawfully present; creating a criminal offense.

Caption from analyzed text · version I.

Summary

Knowingly hire one, third-degree felony. But only if their presence follows a Chapter 51 offense.

The bill makes it a third-degree felony offense for an employer to knowingly hire or employ a "person not lawfully present." It touches every Texas employer with at least one worker, including part-time workers and people misclassified as independent contractors. But it defines "person not lawfully present" only as someone whose presence follows an offense under Chapter 51 of the Penal Code, so the ban reaches only that group, and only when the employer knows it.

Labels

Labels: CREATES AN OFFENSE. The caption of the graded version (introduced) reads: “relating to prohibiting the employment of persons not lawfully present; creating a criminal offense.”ACROSS THE AISLE. Joint authors: 1 Republican, 1 Democrat. Party as the Legislative Reference Library lists it for the 89th Legislature.PENDING FOREVER. Heard by the House State Affairs committee on Apr 28, 2025 and left pending. Never voted out. The bill died.

Receipt

The receipt

89R-HB2351 · 2025-02-03

SOLD BY

Rep. Harold V. Dutton Jr.DHouse 142 Rep. Shelley LutherRHouse 62

ITEM

relating to prohibiting the employment of persons not lawfully present; creating a criminal offense.

WHAT IT DOES

Knowingly hire one, third-degree felony. But only if their presence follows a Chapter 51 offense.

The bill makes it a third-degree felony offense for an employer to knowingly hire or employ a "person not lawfully present." It touches every Texas employer with at least one worker, including part-time workers and people misclassified as independent contractors. But it defines "person not lawfully present" only as someone whose presence follows an offense under Chapter 51 of the Penal Code, so the ban reaches only that group, and only when the employer knows it.

CHARGES

[x] THE HOLEanalysis confidence 60%

THE TEXT

“"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.”

Bill text, introduced version (I)

The caption promises a ban on employing persons not lawfully present, but the definition covers only people whose presence follows a Chapter 51 Penal Code offense, so other unlawfully present workers fall outside the ban. Combined with the "knowingly" standard, an employer would have to know the worker committed that specific state offense; the reading of Chapter 51's scope rests on general knowledge of Texas law.

TOTAL

No first-year general revenue figure available here.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · April 27, 2025

Creating a new criminal offense may result in increased demands upon state correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to the lack of data to estimate the prevalence of conduct outlined in the bill's provisions that would be subject to criminal penalties.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to State Affairs
  4. Scheduled for public hearing on . . .
  5. Considered in public hearing
  6. Testimony taken/registration(s) recorded in committee
  7. Left pending in committee
FILED UNDER

No verified beat found.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Harold V. Dutton Jr.

Donors

Texas Trial Lawyers Association PAC$66KTexas Sands PAC$58KCharter Schools Now PAC$36K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 29, 2024 to Oct 17, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texas Trial Lawyers Association PAC$65,748.00

Texas Trial Lawyers Association PAC

$65,748.00

Cash
$32,500.00
Paid by others
$33,248.00
Total
$65,748.00
mail $33,248.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 10, 2024 to Oct 17, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986461, 101011085, 101033172, 101044523, 101044526, 101072841.

Texas Sands PAC$58,000.00

Texas Sands PAC

$58,000.00

Cash
$58,000.00
Paid by others
$0.00
Total
$58,000.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 10, 2024 to Feb 3, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986461, 101044526.

Charter Schools Now PAC$36,000.00

Charter Schools Now PAC

$36,000.00

Cash
$1,000.00
Paid by others
$35,000.00
Total
$36,000.00
Other filed descriptions $35,000.00

Also funds 89 other sitting lawmakers.

Derived recipient stock · Oct 29, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jan 22, 2026 to Feb 28, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101044523, 101061631.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texas Trial Lawyers Association PAC

$65,748.00

Cash
$32,500.00
Paid by others
$33,248.00
Total
$65,748.00
mail $33,248.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 10, 2024 to Oct 17, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986461, 101011085, 101033172, 101044523, 101044526, 101072841.

×

Texas Sands PAC

$58,000.00

Cash
$58,000.00
Paid by others
$0.00
Total
$58,000.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 10, 2024 to Feb 3, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986461, 101044526.

×

Charter Schools Now PAC

$36,000.00

Cash
$1,000.00
Paid by others
$35,000.00
Total
$36,000.00
Other filed descriptions $35,000.00

Also funds 89 other sitting lawmakers.

Derived recipient stock · Oct 29, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jan 22, 2026 to Feb 28, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101044523, 101061631.

Votes

No floor vote loaded for this bill.

Fiscal

No first-year general revenue figure available here.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · April 27, 2025

Creating a new criminal offense may result in increased demands upon state correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to the lack of data to estimate the prevalence of conduct outlined in the bill's provisions that would be subject to criminal penalties.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

Sources

Texas House · Filed Feb 3, 2025

04/28/2025 H Left pending in committee

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · State Affairs · Final status: Died in committee

Subjects

Aliens

Crimes--Miscellaneous

Labor--General

Text

The text as introduced · 238 words

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.