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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring governmental entities and contractors with |
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governmental entities to participate in the federal electronic |
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verification of work authorization program, or E-verify. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 6, Government Code, is amended |
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by adding Chapter 619 to read as follows: |
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CHAPTER 619. VERIFICATION OF EMPLOYEE INFORMATION |
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Sec. 619.001. DEFINITIONS. In this chapter: |
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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 Immigrant 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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(2) "Governmental entity" means: |
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(A) the state; or |
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(B) a political subdivision of the state, |
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including a municipality, a county, or any kind of district. |
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Sec. 619.002. VERIFICATION. A governmental entity shall |
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register and participate in the E-verify program to verify |
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information of all new employees. |
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Sec. 619.003. RULES. The Texas Workforce Commission shall |
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adopt rules and prescribe forms to implement this chapter. |
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Sec. 619.004. TERMINATION OF EMPLOYMENT. An employee of a |
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governmental entity who is responsible for verifying information of |
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new employees of the governmental entity as required by Section |
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619.002 is subject to immediate termination of employment if the |
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employee fails to comply with that section. |
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SECTION 2. The heading to Chapter 2264, Government Code, is |
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amended to read as follows: |
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CHAPTER 2264. CERTAIN RESTRICTIONS ON [USE OF CERTAIN] PUBLIC |
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SUBSIDIES AND GOVERNMENTAL CONTRACTS |
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SECTION 3. Section 2264.101, Government Code, is |
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transferred to Subchapter B, Chapter 2264, Government Code, |
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redesignated as Section 2264.054, Government Code, and amended to |
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read as follows: |
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Sec. 2264.054 [2264.101]. RECOVERY. (a) A public |
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agency, local taxing jurisdiction, or economic development |
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corporation, or the attorney general on behalf of the state or a |
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state agency, may bring a civil action to recover any amounts owed |
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to the public agency, state or local taxing jurisdiction, or |
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economic development corporation under this subchapter [chapter]. |
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(b) The public agency, local taxing jurisdiction, economic |
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development corporation, or attorney general, as applicable, shall |
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recover court costs and reasonable attorney's fees incurred in an |
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action brought under Subsection (a). |
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(c) A business is not liable for a violation of this |
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subchapter [chapter] by a subsidiary, affiliate, or franchisee of |
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the business, or by a person with whom the business contracts. |
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SECTION 4. The heading to Subchapter C, Chapter 2264, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER C. E-VERIFY PROGRAM [ENFORCEMENT] |
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SECTION 5. Subchapter C, Chapter 2264, Government Code, is |
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amended by adding Sections 2264.1011 and 2264.102 to read as |
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follows: |
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Sec. 2264.1011. DEFINITIONS. In this subchapter: |
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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 Immigrant 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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(2) "Governmental entity" means: |
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(A) the state; or |
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(B) a political subdivision of the state, |
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including a municipality, a county, or any kind of district. |
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Sec. 2264.102. VERIFICATION. (a) A governmental entity |
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may not award a contract for goods or services within this state to |
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a contractor unless the contractor and any subcontractor register |
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with and participate in the E-verify program to verify information |
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of all new employees. The contractor and any subcontractor must |
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continue to participate in the program during the term of the |
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contract. |
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(b) Each contract with a governmental entity must include |
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the following statement: |
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"______________ (name of contractor) certifies that |
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__________ (name of contractor) is not ineligible to receive this |
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contract under Subchapter C, Chapter 2264, Government Code, and |
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acknowledges that if this certification is inaccurate or becomes |
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inaccurate during the term of the contract, the contract may be |
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terminated without payment." |
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(c) The governmental entity shall terminate the contract |
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without penalty or further obligation to the contractor if the |
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governmental entity determines that: |
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(1) the contractor was ineligible to have the contract |
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awarded under Subsection (a) or has ceased participation in the |
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E-verify program during the term of the contract; and |
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(2) the governmental entity can re-award the contract |
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without additional cost to the governmental entity. |
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(d) If a contractor determines that a subcontractor has not |
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registered with or is not participating in the E-verify program |
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during the term of the contract, the contractor may not allow the |
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subcontractor to participate further on work under the contract. A |
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governmental entity may not terminate the contract because of |
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subcontractor noncompliance if the contractor complies with this |
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subsection. |
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(e) Each governmental entity shall develop procedures for |
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the administration of this section. |
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SECTION 6. Sections 2264.1011 and 2264.102, Government |
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Code, as added by this Act, apply only in relation to a contract for |
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which the request for bids or proposals or other applicable |
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expressions of interest is made public on or after the effective |
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date of this Act. |
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SECTION 7. This Act takes effect September 1, 2011. |