Texas 2015 - 84th Regular

Texas House Bill HB889 Compare Versions

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

Old	New	Differences
1	1	84R2795 MTB-D
2	2	By: Dale H.B. No. 889
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring state contractors to participate in the
8	8	federal electronic verification of employment authorization
9	9	program, or E-verify.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Chapter 2264, Government Code, is
12	12	amended to read as follows:
13	13	CHAPTER 2264. CERTAIN RESTRICTIONS ON [USE OF CERTAIN] PUBLIC
14	14	SUBSIDIES AND STATE CONTRACTS
15	15	SECTION 2. Section 2264.101, Government Code, is
16	16	transferred to Subchapter B, Chapter 2264, Government Code,
17	17	redesignated as Section 2264.054, Government Code, and amended to
18	18	read as follows:
19	19	Sec. 2264.054 [2264.101]. RECOVERY. (a) A public
20	20	agency, local taxing jurisdiction, or economic development
21	21	corporation, or the attorney general on behalf of the state or a
22	22	state agency, may bring a civil action to recover any amounts owed
23	23	to the public agency, state or local taxing jurisdiction, or
24	24	economic development corporation under this subchapter [chapter].
25	25	(b) The public agency, local taxing jurisdiction, economic
26	26	development corporation, or attorney general, as applicable, shall
27	27	recover court costs and reasonable attorney's fees incurred in an
28	28	action brought under Subsection (a).
29	29	(c) A business is not liable for a violation of this
30	30	subchapter [chapter] by a subsidiary, affiliate, or franchisee of
31	31	the business, or by a person with whom the business contracts.
32	32	SECTION 3. The heading to Subchapter C, Chapter 2264,
33	33	Government Code, is amended to read as follows:
34	34	SUBCHAPTER C. E-VERIFY PROGRAM [ENFORCEMENT]
35	35	SECTION 4. Subchapter C, Chapter 2264, Government Code, is
36	36	amended by adding Sections 2264.1011, 2264.102, and 2264.103 to
37	37	read as follows:
38	38	Sec. 2264.1011. DEFINITIONS. In this subchapter:
39	39	(1) "E-verify program" means the electronic
40	40	verification of employment authorization program of the federal
41	41	Illegal Immigration Reform and Immigrant Responsibility Act of 1996
42	42	(Pub. L. No. 104-208, reprinted in note, 8 U.S.C. Section 1324a),
43	43	operated by the United States Department of Homeland Security, or a
44	44	successor employment authorization program designated by the
45	45	United States Department of Homeland Security or other federal
46	46	agency authorized to verify the employment authorization status of
47	47	newly hired employees under the federal Immigration Reform and
48	48	Control Act of 1986 (8 U.S.C. Section 1101 et seq.).
49	49	(2) "State agency" has the meaning assigned by Section
50	50	2103.001.
51	51	Sec. 2264.102. VERIFICATION BY CONTRACTORS. (a) A state
52	52	agency may not award a contract for goods or services within this
53	53	state to a contractor unless the contractor and any subcontractor
54	54	register with and participate in the E-verify program to verify
55	55	employee information. The contractor and any subcontractor must
56	56	continue to participate in the program during the term of the
57	57	contract.
58	58	(b) Each contract with a state agency must include the
59	59	following statement:
60	60	"______________ (name of contractor) certifies that
61	61	__________ (name of contractor) is not ineligible to receive this
62	62	contract under Subchapter C, Chapter 2264, Government Code, and
63	63	acknowledges that if this certification is inaccurate or becomes
64	64	inaccurate during the term of the contract, the contractor may be
65	65	barred from participating in state contracts."
66	66	(c) If a state agency determines that a contractor was
67	67	ineligible to have the contract awarded under Subsection (a), that
68	68	a contractor has ceased participation in the E-verify program
69	69	during the term of the contract, or that a subcontractor is not
70	70	registered with or is not participating in the E-verify program,
71	71	the state agency shall refer the matter to the comptroller for
72	72	action.
73	73	(d) Each state agency shall develop procedures for the
74	74	administration of this section.
75	75	Sec. 2264.103. BARRING FROM STATE CONTRACTS. (a) Using
76	76	procedures prescribed under Section 2155.077, the comptroller
77	77	shall bar a contractor from participating in state contracts if the
78	78	comptroller determines that the contractor:
79	79	(1) was awarded a contract in violation of Section
80	80	2264.102;
81	81	(2) has ceased participation in the E-verify program
82	82	during the term of the contract; or
83	83	(3) hired a subcontractor to perform work under the
84	84	contract who is not registered with or is not participating in the
85	85	E-verify program.
86	86	(b) Debarment under this section is for a period of five
87	87	years.
88	88	(c) A contractor who registers with and participates in the
89	89	E-verify program as provided by Section 2264.102 may not be barred
90	90	under this section if, as a result of receiving inaccurate
91	91	verification information from the E-verify program, the contractor
92	92	hires or employs a person in violation of 8 U.S.C. Section 1324a.
93	93	SECTION 5. Each state agency subject to Subchapter C,
94	94	Chapter 2264, Government Code, as amended by this Act, shall
95	95	develop the procedures required under Section 2264.102(d),
96	96	Government Code, as added by this Act, not later than October 1,
97	97	2015.
98	98	SECTION 6. Sections 2264.1011, 2264.102, and 2264.103,
99	99	Government Code, as added by this Act, apply only in relation to a
100	100	contract for which the request for bids or proposals or other
101	101	applicable expression of interest is made public on or after the
102	102	effective date of this Act.
103	103	SECTION 7. This Act takes effect September 1, 2015.