82R2823 JE-D
By: Button H.B. No. 582
A BILL TO BE ENTITLED
AN ACT
relating to eligibility requirements for businesses for the receipt
of certain public subsidies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 2264, Government Code, is
amended to read as follows:
CHAPTER 2264. REQUIREMENTS FOR RECEIPT OF [RESTRICTIONS ON USE OF]
CERTAIN PUBLIC SUBSIDIES BY BUSINESSES
SECTION 2. Section 2264.001, Government Code, is amended by
amending Subdivision (1) and adding Subdivision (1-a) to read as
follows:
(1) "E-verify program" means the electronic
verification of work authorization program of the federal Illegal
Immigration Reform and Immigration 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, or a
successor work authorization program designated by the United
States Department of Homeland Security or other federal agency
authorized to verify the work authorization status of newly hired
employees pursuant to the federal Immigration Reform and Control
Act of 1986 (8 U.S.C. Section 1101 et seq.).
(1-a) "Economic development corporation" means a
development corporation organized under Subtitle C1, Title 12,
Local Government Code.
SECTION 3. The heading to Subchapter B, Chapter 2264,
Government Code, is amended to read as follows:
SUBCHAPTER B. REQUIREMENTS FOR RECEIPT [RESTRICTIONS ON USE] OF
CERTAIN PUBLIC SUBSIDIES; EMPLOYMENT OF [TO EMPLOY] UNDOCUMENTED
WORKERS PROHIBITED
SECTION 4. Section 2264.051, Government Code, is amended to
read as follows:
Sec. 2264.051. ADDITIONAL ELIGIBILITY AND APPLICATION
REQUIREMENTS [STATEMENT REQUIRED IN APPLICATION] FOR PUBLIC
SUBSIDIES. (a) In addition to any other eligibility requirement a
business with at least one employee must satisfy before receiving a
public subsidy, to be eligible to receive the public subsidy the
business must register with and participate in the E-verify
program.
(b) A public agency, state or local taxing jurisdiction, or
economic development corporation shall require a business that
submits an application to receive a public subsidy to include in the
application:
(1) a statement certifying that the business, or a
branch, division, or department of the business, does not and will
not knowingly employ an undocumented worker; and
(2) if applicable, proof of the business's
registration and participation in the E-verify program.
(c) Notwithstanding any other law, a public agency, state or
local taxing jurisdiction, or economic development corporation may
not award a public subsidy to a business that does not meet the
requirements of this section.
SECTION 5. Section 2264.052, Government Code, is amended to
read as follows:
Sec. 2264.052. CONDITION ON RECEIPT OF PUBLIC SUBSIDIES.
The statement required by Section 2264.051(b)(1) [2264.051] must
state that if, after receiving a public subsidy, the business, or a
branch, division, or department of the business, is convicted of a
violation under 8 U.S.C. Section 1324a(f), the business shall repay
the amount of the public subsidy with interest, at the rate and
according to the other terms provided by an agreement under Section
2264.053, not later than the 120th day after the date the public
agency, state or local taxing jurisdiction, or economic development
corporation notifies the business of the violation.
SECTION 6. The change in law made by this Act to Section
2264.051, Government Code, applies only to an application for
receipt of a public subsidy submitted on or after the effective date
of this Act.
SECTION 7. This Act takes effect September 1, 2011.