84R9110 MTB-F
By: Hall S.B. No. 1841
A BILL TO BE ENTITLED
AN ACT
relating to the verification of employment authorization by
governmental entities, state contractors, and state grant
recipients, including the use of the federal E-verify program.
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 employment 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 employment authorization program designated by the
United States Department of Homeland Security or other federal
agency authorized to verify the employment authorization status of
newly hired employees under 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:
(1) register and participate in the E-verify program
to verify information of all new employees; or
(2) verify the employment authorization status of all
new employees by requiring each employee to provide an unexpired
United States passport or:
(A) one of the following documents:
(i) an original or certified copy of a birth
certificate issued by a bureau of vital statistics for a state;
(ii) a Consular Report of Birth Abroad or
Certificate of Birth Abroad issued by the United States Department
of State;
(iii) a Certificate of United States
Citizenship issued by the federal Department of Homeland Security
or the United States Department of State including an
identification photograph; or
(iv) a Certificate of Naturalization issued
by the federal Department of Homeland Security or the United States
Department of State including an identification photograph; and
(B) one of the following documents:
(i) an unexpired driver's license or
identification card issued by a state;
(ii) an unexpired federal, state, or local
government identification card; or
(iii) an unexpired military identification
card for active duty, reserve, or retired personnel with an
identification photograph.
Sec. 619.003. RULES. The Texas Workforce Commission shall
adopt rules and prescribe forms to implement this chapter.
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 STATE 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, 2264.102, 2264.103, and
2264.104 to read as follows:
Sec. 2264.1011. DEFINITIONS. In this subchapter:
(1) "E-verify program" means the electronic
verification of employment 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 employment authorization program designated by the
United States Department of Homeland Security or other federal
agency authorized to verify the employment authorization status of
newly hired employees under the federal Immigration Reform and
Control Act of 1986 (8 U.S.C. Section 1101 et seq.).
(2) "State agency" has the meaning assigned by Section
2103.001.
Sec. 2264.102. VERIFICATION BY CONTRACTORS. (a) A state
agency may not award a contract for goods or services within this
state to a contractor unless the contractor:
(1) registers with and participates in the E-verify
program to verify information of all new employees; or
(2) verifies the employment authorization status of
all new employees by requiring each employee to provide an
unexpired United States passport or:
(A) one of the following documents:
(i) an original or certified copy of a birth
certificate issued by a bureau of vital statistics for a state;
(ii) a Consular Report of Birth Abroad or
Certificate of Birth Abroad issued by the United States Department
of State;
(iii) a Certificate of United States
Citizenship issued by the federal Department of Homeland Security
or the United States Department of State including an
identification photograph; or
(iv) a Certificate of Naturalization issued
by the federal Department of Homeland Security or the United States
Department of State including an identification photograph; and
(B) one of the following documents:
(i) an unexpired driver's license or
identification card issued by a state;
(ii) an unexpired federal, state, or local
government identification card; or
(iii) an unexpired military identification
card for active duty, reserve, or retired personnel with an
identification photograph.
(b) Each contract with a state agency 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, the
contractor may be barred from participating in state contracts."
(c) If a state agency determines that a contractor was
ineligible to have the contract awarded under Subsection (a), the
state agency shall refer the matter to the comptroller for action.
(d) Each state agency shall develop procedures for the
administration of this section.
Sec. 2264.103. BARRING FROM STATE CONTRACTS. (a) Using
procedures prescribed under Section 2155.077, the comptroller
shall bar a contractor from participating in state contracts if the
comptroller determines that the contractor was awarded a contract
in violation of Section 2264.102.
(b) Debarment under this section is for a period of one
year.
Sec. 2264.104. VERIFICATION BY GRANT RECIPIENTS. (a) A
state agency may not award a grant unless the grant recipient:
(1) registers with and participates in the E-verify
program to verify information of all new employees; or
(2) verifies the employment authorization status of
all new employees by requiring each employee to provide an
unexpired United States passport or:
(A) one of the following documents:
(i) an original or certified copy of a birth
certificate issued by a bureau of vital statistics for a state;
(ii) a Consular Report of Birth Abroad or
Certificate of Birth Abroad issued by the United States Department
of State;
(iii) a Certificate of United States
Citizenship issued by the federal Department of Homeland Security
or the United States Department of State including an
identification photograph; or
(iv) a Certificate of Naturalization issued
by the federal Department of Homeland Security or the United States
Department of State including an identification photograph; and
(B) one of the following documents:
(i) an unexpired driver's license or
identification card issued by a state;
(ii) an unexpired federal, state, or local
government identification card; or
(iii) an unexpired military identification
card for active duty, reserve, or retired personnel with an
identification photograph.
(b) Each grant contract or agreement with a state agency
must include the following statement:
"______________ (name of grant recipient) certifies that
__________ (name of grant recipient) is not ineligible to receive
this grant under Subchapter C, Chapter 2264, Government Code, and
acknowledges that if this certification is inaccurate, the grant
may be terminated without further payment."
(c) If a state agency determines that a grant recipient was
ineligible to have the grant awarded under Subsection (a), the
state agency shall notify the grant recipient in writing that the
grant recipient must comply with Subsection (a) before the 31st day
after the date the grant recipient is notified.
(d) The state agency shall terminate the grant without
further obligation to the grant recipient on the 31st day after the
date the grant recipient is notified under Subsection (c) if,
before that date, the grant recipient has not provided evidence
that the grant recipient has complied with Subsection (a).
(e) Each state agency shall develop procedures for the
administration of this section.
SECTION 6. The Texas Workforce Commission and each state
agency subject to Subchapter C, Chapter 2264, Government Code, as
amended by this Act, shall develop the rules and procedures
required under Sections 619.003, 2264.102(d), and 2264.104(e),
Government Code, as added by this Act, as applicable, not later than
October 1, 2015.
SECTION 7. Sections 2264.1011, 2264.102, 2264.103, and
2264.104, Government Code, as added by this Act, apply only in
relation to a:
(1) 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; and
(2) grant for which the notice of funds availability
or of funding opportunity is made public on or after the effective
date of this Act.
SECTION 8. This Act takes effect September 1, 2015.