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.