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  82R2835 MTB-D
 
  By: Howard of Fort Bend H.B. No. 878
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the participation of governmental entities and other
  employers in a federal work authorization verification program;
  establishing an unlawful employment practice.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  SECTION 1.  Subtitle A, Title 6, Government Code, is amended
  by adding Chapter 619 to read as follows:
  CHAPTER 619.  VERIFICATION OF EMPLOYEE INFORMATION
         Sec. 619.001.  DEFINITIONS.  In this chapter:
               (1)  "Governmental entity" means:
                     (A)  the state;
                     (B)  a political subdivision of the state,
  including a municipality, a county, or any kind of district; or
                     (C)  an institution, board, commission, office,
  department, court, or other agency:
                           (i)  in the executive, judicial, or
  legislative branch of state government, including an institution of
  higher education as defined by Section 61.003, Education Code; or
                           (ii)  of a political subdivision of the
  state.
               (2)  "Status verification system" means:
                     (A)  the electronic verification of work
  authorization program of the federal Illegal Immigration Reform and
  Immigrant Responsibility Act of 1996 (Pub. L. No. 104-208,
  reprinted in note, 8 U.S.C. Section 1324a), operated by the United
  States Department of Homeland Security and known as the Basic Pilot
  Program or E-Verify; or
                     (B)  any other federal verification program
  designated by the United States Department of Homeland Security or
  any other federal agency authorized to verify the work
  authorization status of newly hired employees under the federal
  Immigration Reform and Control Act of 1986 (8 U.S.C. Section 1101 et
  seq.).
         Sec. 619.002.  VERIFICATION.  A governmental entity shall
  register with and participate in a status verification system to
  verify the federal employment authorization status of all new
  employees.
         Sec. 619.003.  RULES.  The Texas Workforce Commission shall
  adopt rules and prescribe forms to implement this chapter. The
  Texas Workforce Commission shall publish the proposed and adopted
  rules on the commission's website as well as in the Texas Register.
         SECTION 2.  The heading to Chapter 2264, Government Code, is
  amended to read as follows:
  CHAPTER 2264. CERTAIN RESTRICTIONS ON [USE OF CERTAIN] PUBLIC
  SUBSIDIES AND GOVERNMENTAL CONTRACTS
         SECTION 3.  Section 2264.101, Government Code, is
  transferred to Subchapter B, Chapter 2264, Government Code,
  redesignated as Section 2264.054, Government Code, and amended to
  read as follows:
         Sec. 2264.054  [2264.101].  RECOVERY. (a)  A public
  agency, local taxing jurisdiction, or economic development
  corporation, or the attorney general on behalf of the state or a
  state agency, may bring a civil action to recover any amounts owed
  to the public agency, state or local taxing jurisdiction, or
  economic development corporation under this subchapter [chapter].
         (b)  The public agency, local taxing jurisdiction, economic
  development corporation, or attorney general, as applicable, shall
  recover court costs and reasonable attorney's fees incurred in an
  action brought under Subsection (a).
         (c)  A business is not liable for a violation of this
  subchapter [chapter] by a subsidiary, affiliate, or franchisee of
  the business, or by a person with whom the business contracts.
         SECTION 4.  The heading to Subchapter C, Chapter 2264,
  Government Code, is amended to read as follows:
  SUBCHAPTER C. STATUS VERIFICATION SYSTEM [ENFORCEMENT]
         SECTION 5.  Subchapter C, Chapter 2264, Government Code, is
  amended by adding Sections 2264.1011, 2264.102, and 2264.103 to
  read as follows:
         Sec. 2264.1011.  DEFINITIONS.  In this subchapter:
               (1)  "Governmental entity" has the meaning assigned by
  Section 619.001.
               (2)  "Status verification system" means an electronic
  system operated by the federal government through which a
  governmental entity may make an inquiry, by exercise of authority
  delegated under 8 U.S.C. Section 1373, to verify or ascertain the
  citizenship or immigration status of an individual. The term
  includes:
                     (A)  the electronic verification of work
  authorization program of the federal Illegal Immigration Reform and
  Immigrant Responsibility Act of 1996 (Pub. L. No. 104-208,
  reprinted in note, 8 U.S.C. Section 1324a), operated by the United
  States Department of Homeland Security and known as the Basic Pilot
  Program or E-Verify;
                     (B)  any federal verification program designated
  by the United States Department of Homeland Security or any other
  federal agency authorized to verify the work authorization status
  of newly hired employees under the federal Immigration Reform and
  Control Act of 1986 (8 U.S.C. Section 1101 et seq.);
                     (C)  any other independent, third-party system
  with an equal or higher degree of reliability as the other programs,
  systems, or processes described in this subdivision; and
                     (D)  the Social Security Number Verification
  Service or another similar online verification process implemented
  by the United States Social Security Administration.
               (3)  "Subcontractor" includes a contract employee and
  staffing agency.
         Sec. 2264.102.  VERIFICATION.  (a)  A governmental entity
  may not enter into a contract for the physical performance of
  services within this state with a contractor unless the contractor
  registers with and participates in a status verification system to
  verify the work authorization status of all new employees.
         (b)  A contractor may not enter into a contract with a
  governmental entity for the physical performance of services in
  this state unless the contractor and all subcontractors under the
  contract register with and participate in a status verification
  system to verify the work authorization status of all new
  employees.
         Sec. 2264.103.  RULES.  The Texas Workforce Commission shall
  adopt rules and prescribe forms to implement this subchapter.  The
  Texas Workforce Commission shall publish the proposed and adopted
  rules on the commission's website as well as in the Texas Register.
         SECTION 6.  Subchapter B, Chapter 21, Labor Code, is amended
  by adding Section 21.062 to read as follows:
         Sec. 21.062.  DISCRIMINATION BASED ON NATIONAL ORIGIN.  (a)  
  In this section:
               (1)  "Status verification system" has the meaning
  assigned by Section 619.001, Government Code.
               (2)  "Unauthorized alien" has the meaning assigned by 8
  U.S.C. Section 1324a(h)(3).
         (b)  An employer commits an unlawful employment practice if
  the employer discharges an employee working in this state who is a
  United States citizen or permanent resident alien while retaining
  an employee who the employer knows or reasonably should know is an
  unauthorized alien who is working in this state in a job category:
               (1)  that requires equal skill, effort, and
  responsibility as the job category held by the discharged employee;
  and
               (2)  under which work is performed in similar working
  conditions as in the job category held by the discharged employee.
         (c)  An employer who was enrolled in and used a status
  verification system to verify the employment authorization of its
  employees in this state on the date of the discharge described by
  Subsection (b) is exempt from liability, investigation, or suit
  arising under this section.
         SECTION 7.  (a)  Sections 2264.1011, 2264.102, and 2264.103,
  Government Code, as added by this Act, apply only in relation to a
  contract or contract extension made on or after the effective date
  of this Act.
         (b)  Section 21.062, Labor Code, as added by this Act,
  applies to conduct of an employer occurring on or after the
  effective date of this Act.  Conduct occurring before that date is
  governed by the law in effect on the date the conduct occurred, and
  the former law is continued in effect for that purpose.
         SECTION 8.  This Act takes effect September 1, 2011.