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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility requirements for businesses for the receipt |
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of certain public subsidies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 2264, Government Code, is |
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amended to read as follows: |
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CHAPTER 2264. REQUIREMENTS FOR RECEIPT OF [RESTRICTIONS ON USE OF] |
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CERTAIN PUBLIC SUBSIDIES BY BUSINESSES |
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SECTION 2. Section 2264.001, Government Code, is amended by |
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amending Subdivision (1) and adding Subdivision (1-a) to read as |
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follows: |
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(1) "E-verify program" means the electronic |
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verification of work authorization program of the federal Illegal |
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Immigration Reform and Immigration Responsibility Act of 1996 (Pub. |
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L. No. 104-208, reprinted in note, 8 U.S.C. Section 1324a), |
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operated by the United States Department of Homeland Security, or a |
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successor work authorization program designated by the United |
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States Department of Homeland Security or other federal agency |
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authorized to verify the work authorization status of newly hired |
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employees pursuant to the federal Immigration Reform and Control |
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Act of 1986 (8 U.S.C. Section 1101 et seq.). |
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(1-a) "Economic development corporation" means a |
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development corporation organized under Subtitle C1, Title 12, |
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Local Government Code. |
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SECTION 3. The heading to Subchapter B, Chapter 2264, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER B. REQUIREMENTS FOR RECEIPT [RESTRICTIONS ON USE] OF |
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CERTAIN PUBLIC SUBSIDIES; EMPLOYMENT OF [TO EMPLOY] UNDOCUMENTED |
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WORKERS PROHIBITED |
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SECTION 4. Section 2264.051, Government Code, is amended to |
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read as follows: |
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Sec. 2264.051. ADDITIONAL ELIGIBILITY AND APPLICATION |
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REQUIREMENTS [STATEMENT REQUIRED IN APPLICATION] FOR PUBLIC |
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SUBSIDIES. (a) In addition to any other eligibility requirement a |
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business with at least one employee must satisfy before receiving a |
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public subsidy, to be eligible to receive the public subsidy the |
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business must register with and participate in the E-verify |
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program. |
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(b) A public agency, state or local taxing jurisdiction, or |
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economic development corporation shall require a business that |
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submits an application to receive a public subsidy to include in the |
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application: |
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(1) a statement certifying that the business, or a |
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branch, division, or department of the business, does not and will |
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not knowingly employ an undocumented worker; and |
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(2) if applicable, proof of the business's |
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registration and participation in the E-verify program. |
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(c) Notwithstanding any other law, a public agency, state or |
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local taxing jurisdiction, or economic development corporation may |
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not award a public subsidy to a business that does not meet the |
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requirements of this section. |
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SECTION 5. Section 2264.052, Government Code, is amended to |
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read as follows: |
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Sec. 2264.052. CONDITION ON RECEIPT OF PUBLIC SUBSIDIES. |
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The statement required by Section 2264.051(b)(1) [2264.051] must |
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state that if, after receiving a public subsidy, the business, or a |
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branch, division, or department of the business, is convicted of a |
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violation under 8 U.S.C. Section 1324a(f), the business shall repay |
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the amount of the public subsidy with interest, at the rate and |
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according to the other terms provided by an agreement under Section |
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2264.053, not later than the 120th day after the date the public |
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agency, state or local taxing jurisdiction, or economic development |
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corporation notifies the business of the violation. |
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SECTION 6. The change in law made by this Act to Section |
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2264.051, Government Code, applies only to an application for |
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receipt of a public subsidy submitted on or after the effective date |
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of this Act. |
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SECTION 7. This Act takes effect September 1, 2011. |