Form I-9 employment eligibility verification
All U.S. employers, including those in Texas, must complete Form I-9, Employment Eligibility Verification, for every individual hired for employment in the United States. Both employees and employers (or authorized representatives) must complete the form. The employee must attest to employment authorization in Section 1 no later than the first day of work, and the employer must examine acceptable documents and complete Section 2 within three business days of the employee's start date. Employers must retain each completed Form I-9 for three years after the date of hire or one year after employment ends, whichever is later.
E-Verify requirements for state agencies and sexually oriented businesses
Texas law requires E-Verify participation for two categories of employers: state agencies and sexually oriented businesses. E-Verify is the federal electronic verification of employment authorization program operated by the U.S. Department of Homeland Security under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, used to verify the employment authorization status of newly hired employees.
State agencies. Texas Government Code § 673.002 requires every state agency to register and participate in the E-Verify program to verify information of all new employees. This requirement took effect September 1, 2015. "State agency" has the meaning assigned by Government Code § 659.101. The statute does not impose E-Verify participation on private employers, though state contractors are subject to separate E-Verify requirements under Executive Order RP-80 (2014) and subsequent legislation governing state procurement.
Sexually oriented businesses. Texas Labor Code § 51.016(c)(2) requires every sexually oriented business to register and participate in the E-Verify program to verify information of all employees and independent contractors. "Sexually oriented business" has the meaning assigned by Local Government Code § 243.002. The requirement applies to employees and independent contractors working at the premises of the business, but does not apply to independent contractors who contract with the business solely to perform repair, maintenance, or construction services. A person commits an offense if the person fails to register and participate in the E-Verify program as required. The E-Verify mandate for sexually oriented businesses was added effective May 24, 2021, and the minimum employment age for these businesses was simultaneously raised to 21 years.
No general private-employer mandate. Texas does not require private employers (other than sexually oriented businesses and state contractors) to use E-Verify. Multiple bills to extend the E-Verify mandate to all private employers have been introduced in recent legislative sessions—including SB 1621/HB 3846 in the 88th Legislature (2023) and SB 324 in the 89th Legislature (2025)—but none have been enacted as of May 2026. Private employers may voluntarily enroll in E-Verify but are not compelled to do so under Texas law, subject to federal E-Verify requirements for federal contractors.
Source: Tex. Gov't Code § 673.001–.002 Source: Tex. Lab. Code § 51.016