Campbell Bill Reaches Any Worker Who Accepts A Listed ID

The text as introduced · 568 words

89R14444 LRM-F

By: Campbell
S.B. No. 2328

A BILL TO BE ENTITLED

AN ACT

relating to the acceptance of and funding for certain forms of

identification issued to persons unlawfully present in the United

States; creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 752, Government Code, is amended by

adding Subchapter D to read as follows:

SUBCHAPTER D. IDENTIFICATION KNOWINGLY ISSUED TO PERSONS

UNLAWFULLY PRESENT IN UNITED STATES

Sec. 752.081. DEFINITIONS. In this subchapter:

(1) "Business entity" means any entity recognized by

law through which business is conducted, including a sole

proprietorship, partnership, firm, corporation, limited liability

company, holding company, joint stock company, receivership, or

trust.

(2) "Department" means the Department of Public

Safety.

(3) "Governmental entity" means:

(A) any board, commission, office, department,

or other agency in the executive branch of state government; or

(B) a municipality or county.

(4) "Identification document" means any type of

personal identification card or other document, including a

driver's license, that may be used to verify a person's age,

identity, or residency.

Sec. 752.082. NONAPPLICABILITY. This subchapter does not

apply to an identification document issued by, or on behalf of, the

federal government.

Sec. 752.083. DATABASE OF IDENTIFICATION DOCUMENTS ISSUED

TO PERSONS NOT LAWFULLY PRESENT IN UNITED STATES. (a) The

department shall establish and maintain a database of public or

private entities that issue an identification document to an

individual that the entity knows is not lawfully present in the

United States.

(b) The database must include images of identification

documents described by Subsection (a).

(c) The department shall make the database publicly

available on the department's Internet website.

Sec. 752.084. OFFENSE: RECOGNITION OF CERTAIN

IDENTIFICATION DOCUMENTS. (a) An officer or employee of a

governmental entity or business entity commits an offense if the

actor accepts, relies on, or otherwise uses an identification

document specified in the database established under Section

752.083 to determine a person's age, identity, or residency.

(b) An offense under this section is a Class A misdemeanor.

(c) If conduct that constitutes an offense under this

section also constitutes an offense under any other law, the actor

may be prosecuted under this section, the other law, or both.

Sec. 752.085. PROHIBITED USE OF CERTAIN IDENTIFICATION

DOCUMENT. Notwithstanding any other law, an identification

document maintained in the database established under Section

752.083 is not considered a valid method of identification in this

state.

Sec. 752.086. ASSISTANCE AND TRAINING ON DATABASE AND

COMPLIANCE. The department shall establish a training program for

governmental entities and business entities and shall provide

assistance to an entity on request with respect to use of the

database established under Section 752.083.

Sec. 752.087. PROHIBITED USE OF FUNDS FOR CERTAIN

IDENTIFICATION DOCUMENTS. A governmental entity or business entity

may not provide funds to any person for the purpose of assisting the

person in obtaining an identification document specified in the

database established under Section 752.083.

SECTION 2. Not later than January 1, 2026, the Department of

Public Safety shall establish the database required by Section

752.083, Government Code, as added by this Act, and the training

program required by Section 752.086, Government Code, as added by

this Act.

SECTION 3. (a) Except as provided by Subsection (b) of this

section, this Act takes effect September 1, 2025.

(b) Sections 752.084, 752.085, and 752.087, Government

Code, as added by this Act, take effect March 1, 2026.