Texas 2015 - 84th Regular

Texas Senate Bill SB1841 Compare Versions

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

Old	New	Differences
1	1	84R9110 MTB-F
2	2	By: Hall S.B. No. 1841
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the verification of employment authorization by
8	8	governmental entities, state contractors, and state grant
9	9	recipients, including the use of the federal E-verify program.
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) "E-verify program" means the electronic
16	16	verification of employment authorization program of the federal
17	17	Illegal Immigration Reform and Immigrant Responsibility Act of 1996
18	18	(Pub. L. No. 104-208, reprinted in note, 8 U.S.C. Section 1324a),
19	19	operated by the United States Department of Homeland Security, or a
20	20	successor employment authorization program designated by the
21	21	United States Department of Homeland Security or other federal
22	22	agency authorized to verify the employment authorization status of
23	23	newly hired employees under the federal Immigration Reform and
24	24	Control Act of 1986 (8 U.S.C. Section 1101 et seq.).
25	25	(2) "Governmental entity" means:
26	26	(A) the state; or
27	27	(B) a political subdivision of the state,
28	28	including a municipality, a county, or any kind of district.
29	29	Sec. 619.002. VERIFICATION. A governmental entity shall:
30	30	(1) register and participate in the E-verify program
31	31	to verify information of all new employees; or
32	32	(2) verify the employment authorization status of all
33	33	new employees by requiring each employee to provide an unexpired
34	34	United States passport or:
35	35	(A) one of the following documents:
36	36	(i) an original or certified copy of a birth
37	37	certificate issued by a bureau of vital statistics for a state;
38	38	(ii) a Consular Report of Birth Abroad or
39	39	Certificate of Birth Abroad issued by the United States Department
40	40	of State;
41	41	(iii) a Certificate of United States
42	42	Citizenship issued by the federal Department of Homeland Security
43	43	or the United States Department of State including an
44	44	identification photograph; or
45	45	(iv) a Certificate of Naturalization issued
46	46	by the federal Department of Homeland Security or the United States
47	47	Department of State including an identification photograph; and
48	48	(B) one of the following documents:
49	49	(i) an unexpired driver's license or
50	50	identification card issued by a state;
51	51	(ii) an unexpired federal, state, or local
52	52	government identification card; or
53	53	(iii) an unexpired military identification
54	54	card for active duty, reserve, or retired personnel with an
55	55	identification photograph.
56	56	Sec. 619.003. RULES. The Texas Workforce Commission shall
57	57	adopt rules and prescribe forms to implement this chapter.
58	58	SECTION 2. The heading to Chapter 2264, Government Code, is
59	59	amended to read as follows:
60	60	CHAPTER 2264. CERTAIN RESTRICTIONS ON [USE OF CERTAIN] PUBLIC
61	61	SUBSIDIES AND STATE CONTRACTS
62	62	SECTION 3. Section 2264.101, Government Code, is
63	63	transferred to Subchapter B, Chapter 2264, Government Code,
64	64	redesignated as Section 2264.054, Government Code, and amended to
65	65	read as follows:
66	66	Sec. 2264.054 [2264.101]. RECOVERY. (a) A public
67	67	agency, local taxing jurisdiction, or economic development
68	68	corporation, or the attorney general on behalf of the state or a
69	69	state agency, may bring a civil action to recover any amounts owed
70	70	to the public agency, state or local taxing jurisdiction, or
71	71	economic development corporation under this subchapter [chapter].
72	72	(b) The public agency, local taxing jurisdiction, economic
73	73	development corporation, or attorney general, as applicable, shall
74	74	recover court costs and reasonable attorney's fees incurred in an
75	75	action brought under Subsection (a).
76	76	(c) A business is not liable for a violation of this
77	77	subchapter [chapter] by a subsidiary, affiliate, or franchisee of
78	78	the business, or by a person with whom the business contracts.
79	79	SECTION 4. The heading to Subchapter C, Chapter 2264,
80	80	Government Code, is amended to read as follows:
81	81	SUBCHAPTER C. E-VERIFY PROGRAM [ENFORCEMENT]
82	82	SECTION 5. Subchapter C, Chapter 2264, Government Code, is
83	83	amended by adding Sections 2264.1011, 2264.102, 2264.103, and
84	84	2264.104 to read as follows:
85	85	Sec. 2264.1011. DEFINITIONS. In this subchapter:
86	86	(1) "E-verify program" means the electronic
87	87	verification of employment authorization program of the federal
88	88	Illegal Immigration Reform and Immigrant Responsibility Act of 1996
89	89	(Pub. L. No. 104-208, reprinted in note, 8 U.S.C. Section 1324a),
90	90	operated by the United States Department of Homeland Security, or a
91	91	successor employment authorization program designated by the
92	92	United States Department of Homeland Security or other federal
93	93	agency authorized to verify the employment authorization status of
94	94	newly hired employees under the federal Immigration Reform and
95	95	Control Act of 1986 (8 U.S.C. Section 1101 et seq.).
96	96	(2) "State agency" has the meaning assigned by Section
97	97	2103.001.
98	98	Sec. 2264.102. VERIFICATION BY CONTRACTORS. (a) A state
99	99	agency may not award a contract for goods or services within this
100	100	state to a contractor unless the contractor:
101	101	(1) registers with and participates in the E-verify
102	102	program to verify information of all new employees; or
103	103	(2) verifies the employment authorization status of
104	104	all new employees by requiring each employee to provide an
105	105	unexpired United States passport or:
106	106	(A) one of the following documents:
107	107	(i) an original or certified copy of a birth
108	108	certificate issued by a bureau of vital statistics for a state;
109	109	(ii) a Consular Report of Birth Abroad or
110	110	Certificate of Birth Abroad issued by the United States Department
111	111	of State;
112	112	(iii) a Certificate of United States
113	113	Citizenship issued by the federal Department of Homeland Security
114	114	or the United States Department of State including an
115	115	identification photograph; or
116	116	(iv) a Certificate of Naturalization issued
117	117	by the federal Department of Homeland Security or the United States
118	118	Department of State including an identification photograph; and
119	119	(B) one of the following documents:
120	120	(i) an unexpired driver's license or
121	121	identification card issued by a state;
122	122	(ii) an unexpired federal, state, or local
123	123	government identification card; or
124	124	(iii) an unexpired military identification
125	125	card for active duty, reserve, or retired personnel with an
126	126	identification photograph.
127	127	(b) Each contract with a state agency must include the
128	128	following statement:
129	129	"______________ (name of contractor) certifies that
130	130	__________ (name of contractor) is not ineligible to receive this
131	131	contract under Subchapter C, Chapter 2264, Government Code, and
132	132	acknowledges that if this certification is inaccurate, the
133	133	contractor may be barred from participating in state contracts."
134	134	(c) If a state agency determines that a contractor was
135	135	ineligible to have the contract awarded under Subsection (a), the
136	136	state agency shall refer the matter to the comptroller for action.
137	137	(d) Each state agency shall develop procedures for the
138	138	administration of this section.
139	139	Sec. 2264.103. BARRING FROM STATE CONTRACTS. (a) Using
140	140	procedures prescribed under Section 2155.077, the comptroller
141	141	shall bar a contractor from participating in state contracts if the
142	142	comptroller determines that the contractor was awarded a contract
143	143	in violation of Section 2264.102.
144	144	(b) Debarment under this section is for a period of one
145	145	year.
146	146	Sec. 2264.104. VERIFICATION BY GRANT RECIPIENTS. (a) A
147	147	state agency may not award a grant unless the grant recipient:
148	148	(1) registers with and participates in the E-verify
149	149	program to verify information of all new employees; or
150	150	(2) verifies the employment authorization status of
151	151	all new employees by requiring each employee to provide an
152	152	unexpired United States passport or:
153	153	(A) one of the following documents:
154	154	(i) an original or certified copy of a birth
155	155	certificate issued by a bureau of vital statistics for a state;
156	156	(ii) a Consular Report of Birth Abroad or
157	157	Certificate of Birth Abroad issued by the United States Department
158	158	of State;
159	159	(iii) a Certificate of United States
160	160	Citizenship issued by the federal Department of Homeland Security
161	161	or the United States Department of State including an
162	162	identification photograph; or
163	163	(iv) a Certificate of Naturalization issued
164	164	by the federal Department of Homeland Security or the United States
165	165	Department of State including an identification photograph; and
166	166	(B) one of the following documents:
167	167	(i) an unexpired driver's license or
168	168	identification card issued by a state;
169	169	(ii) an unexpired federal, state, or local
170	170	government identification card; or
171	171	(iii) an unexpired military identification
172	172	card for active duty, reserve, or retired personnel with an
173	173	identification photograph.
174	174	(b) Each grant contract or agreement with a state agency
175	175	must include the following statement:
176	176	"______________ (name of grant recipient) certifies that
177	177	__________ (name of grant recipient) is not ineligible to receive
178	178	this grant under Subchapter C, Chapter 2264, Government Code, and
179	179	acknowledges that if this certification is inaccurate, the grant
180	180	may be terminated without further payment."
181	181	(c) If a state agency determines that a grant recipient was
182	182	ineligible to have the grant awarded under Subsection (a), the
183	183	state agency shall notify the grant recipient in writing that the
184	184	grant recipient must comply with Subsection (a) before the 31st day
185	185	after the date the grant recipient is notified.
186	186	(d) The state agency shall terminate the grant without
187	187	further obligation to the grant recipient on the 31st day after the
188	188	date the grant recipient is notified under Subsection (c) if,
189	189	before that date, the grant recipient has not provided evidence
190	190	that the grant recipient has complied with Subsection (a).
191	191	(e) Each state agency shall develop procedures for the
192	192	administration of this section.
193	193	SECTION 6. The Texas Workforce Commission and each state
194	194	agency subject to Subchapter C, Chapter 2264, Government Code, as
195	195	amended by this Act, shall develop the rules and procedures
196	196	required under Sections 619.003, 2264.102(d), and 2264.104(e),
197	197	Government Code, as added by this Act, as applicable, not later than
198	198	October 1, 2015.
199	199	SECTION 7. Sections 2264.1011, 2264.102, 2264.103, and
200	200	2264.104, Government Code, as added by this Act, apply only in
201	201	relation to a:
202	202	(1) contract for which the request for bids or
203	203	proposals or other applicable expressions of interest is made
204	204	public on or after the effective date of this Act; and
205	205	(2) grant for which the notice of funds availability
206	206	or of funding opportunity is made public on or after the effective
207	207	date of this Act.
208	208	SECTION 8. This Act takes effect September 1, 2015.