Texas 2009 - 81st Regular

Texas House Bill HB4486 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R314 MTB-D
2	2	By: Howard of Fort Bend H.B. No. 4486
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the participation of governmental entities and other
8	8	employers in a federal work eligibility verification program;
9	9	establishing an unlawful employment practice.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle A, Title 6, Government Code, is amended
12	12	by adding Chapter 619 to read as follows:
13	13	CHAPTER 619. VERIFICATION OF EMPLOYEE INFORMATION
14	14	Sec. 619.001. DEFINITIONS. In this chapter:
15	15	(1) "Governmental entity" means:
16	16	(A) the state;
17	17	(B) a political subdivision of the state,
18	18	including a municipality, a county, or any kind of district; or
19	19	(C) an institution, board, commission, office,
20	20	department, court, or other agency:
21	21	(i) in the executive, judicial, or
22	22	legislative branch of state government, including an institution of
23	23	higher education as defined by Section 61.003, Education Code; or
24	24	(ii) of a political subdivision of the
25	25	state.
26	26	(2) "Status verification system" means:
27	27	(A) the electronic verification of work
28	28	authorization program of Section 403(a) of the federal Illegal
29	29	Immigration Reform and Immigrant Responsibility Act of 1996 (Pub.
30	30	L. No. 104-208, reprinted in note, 8 U.S.C. Section 1324a),
31	31	operated by the United States Department of Homeland Security and
32	32	known as the Basic Pilot Program or E-Verify; or
33	33	(B) any other federal verification program
34	34	designated by the United States Department of Homeland Security or
35	35	any other federal agency authorized to verify the work eligibility
36	36	status of newly hired employees under the federal Immigration
37	37	Reform and Control Act of 1986 (Pub. L. No. 99-603).
38	38	Sec. 619.002. VERIFICATION. A governmental entity shall
39	39	register with and participate in a status verification system to
40	40	verify the federal employment authorization status of all new
41	41	employees.
42	42	Sec. 619.003. RULES. The Texas Workforce Commission shall
43	43	adopt rules and prescribe forms to implement this chapter. The
44	44	Texas Workforce Commission shall publish the proposed and adopted
45	45	rules on the commission's website as well as in the Texas Register.
46	46	SECTION 2. Chapter 2252, Government Code, is amended by
47	47	adding Subchapter F to read as follows:
48	48	SUBCHAPTER F. STATUS VERIFICATION SYSTEM
49	49	Sec. 2252.151. DEFINITIONS. In this subchapter:
50	50	(1) "Governmental entity" has the meaning assigned by
51	51	Section 619.001.
52	52	(2) "Status verification system" means an electronic
53	53	system operated by the federal government through which a
54	54	governmental entity may make an inquiry, by exercise of authority
55	55	delegated under 8 U.S.C. Section 1373, to verify or ascertain the
56	56	citizenship or immigration status of an individual. The term
57	57	includes:
58	58	(A) the electronic verification of work
59	59	authorization program of Section 403(a) of the federal Illegal
60	60	Immigration Reform and Immigrant Responsibility Act of 1996 (Pub.
61	61	L. No. 104-208, reprinted in note, 8 U.S.C. Section 1324a),
62	62	operated by the United States Department of Homeland Security and
63	63	known as the Basic Pilot Program or E-Verify;
64	64	(B) any federal verification program designated
65	65	by the United States Department of Homeland Security or any other
66	66	federal agency authorized to verify the work eligibility status of
67	67	newly hired employees under the federal Immigration Reform and
68	68	Control Act of 1986 (Pub. L. No. 99-603);
69	69	(C) any other independent, third-party system
70	70	with an equal or higher degree of reliability as the other programs,
71	71	systems, or processes described in this subdivision; and
72	72	(D) the Social Security Number Verification
73	73	Service or another similar online verification process implemented
74	74	by the United States Social Security Administration.
75	75	(3) "Subcontractor" includes a contract employee and
76	76	staffing agency.
77	77	Sec. 2252.152. VERIFICATION. (a) A governmental entity
78	78	may not enter into a contract for the physical performance of
79	79	services within this state with a contractor unless the contractor
80	80	registers with and participates in a status verification system to
81	81	verify the work eligibility status of all new employees.
82	82	(b) A contractor may not enter into a contract with a
83	83	governmental entity for the physical performance of services in
84	84	this state unless the contractor and all subcontractors under the
85	85	contract register with and participate in a status verification
86	86	system to verify the work eligibility status of all new employees.
87	87	Sec. 2252.153. RULES. The Texas Workforce Commission shall
88	88	adopt rules and prescribe forms to implement this subchapter. The
89	89	Texas Workforce Commission shall publish the proposed and adopted
90	90	rules on the commission's website as well as in the Texas Register.
91	91	SECTION 3. Subchapter B, Chapter 21, Labor Code, is amended
92	92	by adding Section 21.062 to read as follows:
93	93	Sec. 21.062. DISCRIMINATION BASED ON NATIONAL ORIGIN. (a)
94	94	In this section:
95	95	(1) "Status verification system" has the meaning
96	96	assigned by Section 619.001, Government Code.
97	97	(2) "Unauthorized alien" has the meaning assigned by 8
98	98	U.S.C. Section 1324a(h)(3).
99	99	(b) An employer commits an unlawful employment practice if
100	100	the employer discharges an employee working in this state who is a
101	101	United States citizen or permanent resident alien while retaining
102	102	an employee who the employer knows or reasonably should know is an
103	103	unauthorized alien who is working in this state in a job category:
104	104	(1) that requires equal skill, effort, and
105	105	responsibility as the job category held by the discharged employee;
106	106	and
107	107	(2) under which work is performed in similar working
108	108	conditions as in the job category held by the discharged employee.
109	109	(c) An employer who was enrolled in and used a status
110	110	verification system to verify the employment eligibility of its
111	111	employees in this state on the date of the discharge described by
112	112	Subsection (b) is exempt from liability, investigation, or suit
113	113	arising under this section.
114	114	SECTION 4. (a) Subchapter F, Chapter 2252, Government
115	115	Code, as added by this Act, applies only in relation to a contract
116	116	or contract extension made on or after the effective date of this
117	117	Act.
118	118	(b) Section 21.062, Labor Code, as added by this Act,
119	119	applies to conduct of an employer occurring on or after the
120	120	effective date of this Act. Conduct occurring before that date is
121	121	governed by the law in effect on the date the conduct occurred, and
122	122	the former law is continued in effect for that purpose.
123	123	SECTION 5. This Act takes effect September 1, 2009.