SB 324

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
SB 324 mandates that all state contractors, political subdivisions, and private employers in Texas participate in the federal E-Verify system to confirm the employment eligibility of new hires. The bill significantly amends Chapter 2264 of the Texas Government Code, broadening the chapter's scope from limiting the use of public subsidies to instituting comprehensive verification requirements tied to state contracts and government-affiliated employment.

Under SB 324, no state agency can award a contract for goods or services unless the contractor and any subcontractors are enrolled in and actively using the E-Verify system. Each contract must include a certification clause affirming compliance, and violations of this requirement can result in the contractor being barred from future state contracts for at least one year. The bill also establishes enforcement mechanisms by allowing the Attorney General, public agencies, and local jurisdictions to initiate civil actions for recovery of damages and legal fees against noncompliant businesses.

The legislation aims to strengthen the integrity of the state's workforce by ensuring that employment positions funded by public dollars are filled by individuals who are legally authorized to work in the United States. It also seeks to protect taxpayer resources and promote fairness in business competition by discouraging the employment of unauthorized workers.
Author (1)
Lois Kolkhorst
Co-Author (13)
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 324 is not expected to have a significant fiscal impact on the state. The bill mandates that state agencies, political subdivisions, and private employers use the federal E-Verify system to confirm new employees’ work authorization. While the bill imposes additional administrative responsibilities on state agencies and employers, the Legislative Budget Board assumes that any associated costs can be absorbed within existing agency resources without the need for additional appropriations.

For local governments, such as municipalities and counties, no significant fiscal impact is anticipated either. The requirement to participate in E-Verify is not projected to create substantial new costs or burdens that would necessitate increased funding or staffing. Local entities are expected to be able to integrate compliance into their current hiring and administrative operations without major financial disruption.

Overall, SB 324 is structured to promote compliance with federal employment laws at minimal cost to both the state and local governments. The bill leverages an existing federal program (E-Verify), which is free to use, thus avoiding the creation of expensive new state systems or oversight structures.

Vote Recommendation Notes

SB 324 advances a consistent and strategic policy goal: ensuring that all individuals employed in Texas are legally authorized to work. Currently, only limited categories — such as state agencies and some state contractors — must participate in E-Verify. SB 324 expands this requirement to all employers (public and private), state contractors and subcontractors, and political subdivisions, thereby closing significant gaps in employment verification across Texas​.

The bill enhances transparency and accountability by imposing clear penalties for noncompliance, including the debarment of contractors and the termination of local government employees who fail to uphold verification duties. Additionally, it empowers state agencies to enforce compliance as part of licensure and certification processes, ensuring that employment verification becomes a core element of professional regulation without creating extensive new bureaucracies.

Financially, the Legislative Budget Board determined that the bill would have no significant fiscal impact on either state or local governments, with agencies expected to absorb any minimal costs within their existing resources.

From a liberty principles standpoint, SB 324 promotes personal responsibility, limited government, and fairness in free enterprise. While it imposes modest compliance requirements, it protects the integrity of the labor market and public contracts without expanding state power disproportionately. As such, Texas Policy Research recommends that lawmakers vote YES on SB 324.

  • Individual Liberty: The bill has a neutral to mildly positive impact on individual liberty. It does not directly impose on the personal freedoms of individuals but instead focuses on employers' responsibilities. Texans’ civil liberties, including freedom to contract and work, remain intact. The law ensures that all employees are legally eligible to work without creating new restrictions on individuals’ rights to seek employment.
  • Personal Responsibility: The bill reinforces the principle that businesses, both public and private, must take responsibility for verifying the work eligibility of their employees. Rather than relying solely on government enforcement, it requires employers themselves to use the federal E-Verify system. This shift places the duty of compliance directly on private actors, encouraging accountability in hiring practices.
  • Free Enterprise: While requiring participation in E-Verify is a form of regulation, it helps preserve fairness in the free market. Without such a rule, businesses that comply with immigration laws are at a disadvantage compared to those that might unlawfully employ unauthorized workers. By ensuring a level playing field, the bill protects lawful competition. The regulatory burden is relatively minor because E-Verify is free and already widely used.
  • Private Property Rights: The bill does not affect ownership or use of private property. However, it does impose a condition on the use of one's business to enter into state contracts or operate under state-issued licenses. This could be seen as a limitation on the unfettered discretion of employers, but it is not a taking of property nor a direct infringement on property rights.
  • Limited Government: Although it adds a compliance requirement, the bill uses an existing federal program (E-Verify) and does not create a large new state agency or enforcement bureaucracy. Instead, enforcement is delegated to existing licensing and contracting structures. This approach respects the principle of keeping government lean while maintaining the rule of law and protecting taxpayer-funded employment from misuse.
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