Short answer. Only for employers in the industry the rule names. Separate rules cover public employers and state contractors.
At a glance
- Private employers
- Only one kind of private business has a state E-Verify rule: sexually oriented businesses (the Senate Research Center's bill analysis lists them with state agencies and public colleges under current law). No general rule covers other private employers: SB 324 (2025), which would have covered them from January 1, 2027, passed the Senate but died in the House.
- Public employers
- State agencies and public colleges and universities must register for and use E-Verify. Sexually oriented businesses are also covered.
- State contractors
- State contractors and subcontractors must enroll in E-Verify to qualify for public contracts.
- In effect since
- September 1, 2015 for state agencies (SB 374, which added Government Code chapter 673). SB 324 (2025), the private-employer bill, never took effect.
- Who enforces or publishes it
- Texas Legislature (Senate Research Center bill analyses describe current law)
In the official wording
Private employers
Hiring in another state? Employer registration in Texas, done for you, or a free bookkeeping health check.
"state agencies, institutions of higher education, and sexually oriented businesses"
Public employers
"state agencies, institutions of higher education, and sexually oriented businesses"
State contractors
"State contractors and subcontractors must enroll in E-verify in order to qualify for public contracts"
Effective date
"This Act takes effect September 1, 2015."
Three example businesses
- 8 employees, private, no state contract: Depends on your industry. See why
- 40 employees, private, no state contract: Depends on your industry. See why
- 40 employees, private, with a state contract: Required. See why
Your own numbers: open the checker for Texas.
Worth knowing
SB 324 (2025) would have required every private employer except sole proprietorships to use E-Verify from January 1, 2027. The Legislature's site has its engrossed version, meaning it passed the Senate (April 30, 2025); LegiScan's bill history shows it was referred to the House State Affairs Committee on May 2, 2025 with no further action and marks it "died in committee", and the Texas Tribune (June 5, 2025) reported it "died because the state House did not take it up" (both secondary sources, used only for the bill's outcome). The regular session ended in June 2025. An earlier bill, SB 1621 (2023), had the same aim.
Not stated on the pages we opened: a penalty and limits on how E-Verify is used.
Hiring someone remote in New Jersey? MCC Solutions acts as an I-9 authorized representative: we meet the new hire, examine the original documents and complete Section 2 for you, from $65 per employee. E-Verify cases are created by the employer, in its own E-Verify account; we don't create them.
Sources
- Bill Analysis, S.B. 324 (89R), Senate Research Center
- S.B. 324 (89R), engrossed version
- Bill Analysis, S.B. 1621 (88R), Senate Research Center
- S.B. 374 (84R, 2015), enrolled version: Government Code chapter 673, E-Verify for state agencies
- LegiScan (secondary source): TX SB324, 2025-2026, 89th Legislature, bill status and history
- The Texas Tribune (secondary source): E-Verify requirements bill (June 5, 2025)
Sourced from official pages; a few facts from vetted secondary sources, marked "(secondary source)".
General information, not legal advice. Checked November 2026. Federal rules on Form I-9 and E-Verify timing are on the all-states table.
Common questions
Do private employers in Texas have to use E-Verify?
Only in the industry the rule names. Only one kind of private business has a state E-Verify rule: sexually oriented businesses (the Senate Research Center's bill analysis lists them with state agencies and public colleges under current law). No general rule covers other private employers: SB 324 (2025), which would have covered them from January 1, 2027, passed the Senate but died in the House. The official wording: "state agencies, institutions of higher education, and sexually oriented businesses."
Does Texas require E-Verify for public employers?
State agencies and public colleges and universities must register for and use E-Verify. Sexually oriented businesses are also covered.
Do contractors with the state of Texas need E-Verify?
State contractors and subcontractors must enroll in E-Verify to qualify for public contracts.
When did the Texas rule take effect?
September 1, 2015 for state agencies (SB 374, which added Government Code chapter 673). SB 324 (2025), the private-employer bill, never took effect.
Is a Form I-9 still needed in Texas?
Yes. Every employer completes Form I-9 for each hire under federal law, and an E-Verify case is created from the finished form, so the state rule adds to the I-9 rather than replacing it.
All states: E-Verify requirements by state · Tennessee · Utah