82R1905 MTB-D
By: Nelson S.B. No. 84
A BILL TO BE ENTITLED
AN ACT
relating to requiring governmental entities and contractors with
governmental entities to participate in the federal electronic
verification of work authorization program, or E-verify.
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) "E-verify program" means 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, 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.).
(2) "Governmental entity" means:
(A) the state; or
(B) a political subdivision of the state,
including a municipality, a county, or any kind of district.
Sec. 619.002. VERIFICATION. A governmental entity shall
register and participate in the E-verify program to verify
information of all new employees.
Sec. 619.003. RULES. The Texas Workforce Commission shall
adopt rules and prescribe forms to implement this chapter.
Sec. 619.004. TERMINATION OF EMPLOYMENT. An employee of a
governmental entity who is responsible for verifying information of
new employees of the governmental entity as required by Section
619.002 is subject to immediate termination of employment if the
employee fails to comply with that section.
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. E-VERIFY PROGRAM [ENFORCEMENT]
SECTION 5. Subchapter C, Chapter 2264, Government Code, is
amended by adding Sections 2264.1011 and 2264.102 to read as
follows:
Sec. 2264.1011. DEFINITIONS. In this subchapter:
(1) "E-verify program" means 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, 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.).
(2) "Governmental entity" means:
(A) the state; or
(B) a political subdivision of the state,
including a municipality, a county, or any kind of district.
Sec. 2264.102. VERIFICATION. (a) A governmental entity
may not award a contract for goods or services within this state to
a contractor unless the contractor and any subcontractor register
with and participate in the E-verify program to verify information
of all new employees. The contractor and any subcontractor must
continue to participate in the program during the term of the
contract.
(b) Each contract with a governmental entity must include
the following statement:
"______________ (name of contractor) certifies that
__________ (name of contractor) is not ineligible to receive this
contract under Subchapter C, Chapter 2264, Government Code, and
acknowledges that if this certification is inaccurate or becomes
inaccurate during the term of the contract, the contract may be
terminated without payment."
(c) The governmental entity shall terminate the contract
without penalty or further obligation to the contractor if the
governmental entity determines that:
(1) the contractor was ineligible to have the contract
awarded under Subsection (a) or has ceased participation in the
E-verify program during the term of the contract; and
(2) the governmental entity can re-award the contract
without additional cost to the governmental entity.
(d) If a contractor determines that a subcontractor has not
registered with or is not participating in the E-verify program
during the term of the contract, the contractor may not allow the
subcontractor to participate further on work under the contract. A
governmental entity may not terminate the contract because of
subcontractor noncompliance if the contractor complies with this
subsection.
(e) Each governmental entity shall develop procedures for
the administration of this section.
SECTION 6. Sections 2264.1011 and 2264.102, Government
Code, as added by this Act, apply only in relation to a contract for
which the request for bids or proposals or other applicable
expressions of interest is made public on or after the effective
date of this Act.
SECTION 7. This Act takes effect September 1, 2011.