Texas 2015 - 84th Regular

Texas Senate Bill SB484 Compare Versions

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

Old	New	Differences
1	1	84R7619 DDT-D
2	2	By: Kolkhorst S.B. No. 484
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to restrictions in connection with public subsidies and
8	8	contracts awarded to businesses that employ undocumented workers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Chapter 2264, Government Code, is
11	11	amended to read as follows:
12	12	CHAPTER 2264. RESTRICTIONS ON USE OF CERTAIN PUBLIC SUBSIDIES AND
13	13	ON CERTAIN PUBLIC CONTRACTS
14	14	SECTION 2. Section 2264.001, Government Code, is amended by
15	15	adding Subdivision (1-a) and amending Subdivision (4) to read as
16	16	follows:
17	17	(1-a) "E-verify program" means the electronic
18	18	verification of employment authorization program of the federal
19	19	Illegal Immigration Reform and Immigrant Responsibility Act of 1996
20	20	(Pub. L. No. 104-208, reprinted in note, 8 U.S.C. Section 1324a),
21	21	operated by the United States Department of Homeland Security, or a
22	22	successor employment authorization program designated by the
23	23	United States Department of Homeland Security or other federal
24	24	agency authorized to verify the employment authorization status of
25	25	newly hired employees under the federal Immigration Reform and
26	26	Control Act of 1986 (8 U.S.C. Section 1101 et seq.).
27	27	(4) "Undocumented worker" means an individual who, at
28	28	the time of employment, is not:
29	29	(A) lawfully admitted for permanent residence to
30	30	the United States under an Act that is enacted by the United States
31	31	Congress and becomes law; or
32	32	(B) authorized under a law enacted by the United
33	33	States Congress to be employed in that manner in the United States.
34	34	SECTION 3. Section 2264.052, Government Code, is amended to
35	35	read as follows:
36	36	Sec. 2264.052. CONDITION ON RECEIPT OF PUBLIC SUBSIDIES.
37	37	(a) The statement required by Section 2264.051 must state that if,
38	38	after receiving a public subsidy, the business, or a branch,
39	39	division, or department of the business, is convicted of a
40	40	violation under 8 U.S.C. Section 1324a(f), the business shall repay
41	41	the full amount and value of the public subsidy, including tax
42	42	refunds and tax rebates, with interest, at the rate and according to
43	43	the other terms provided by an agreement under Section 2264.053,
44	44	not later than the 120th day after the date the public agency, state
45	45	or local taxing jurisdiction, or economic development corporation
46	46	notifies the business of the violation.
47	47	(b) Notwithstanding Subsection (a), a business is not
48	48	required to repay the public subsidy as provided by that subsection
49	49	if the business used and reasonably relied on the E-verify program
50	50	before employing an undocumented worker.
51	51	SECTION 4. Subchapter B, Chapter 2264, Government Code, is
52	52	amended by adding Section 2264.054 to read as follows:
53	53	Sec. 2264.054. ADDITIONAL RESTRICTIONS. (a) This section
54	54	applies only to a business that is required to repay a public
55	55	subsidy under Section 2264.052.
56	56	(b) A public agency, state or local taxing jurisdiction, or
57	57	economic development corporation may not provide a public subsidy
58	58	or award a public contract to a business to which this section
59	59	applies before the second anniversary of the last day by which the
60	60	business is required to repay the public subsidy as prescribed by
61	61	Section 2254.052(a).
62	62	SECTION 5. The changes in law made by this Act apply only to
63	63	a public subsidy awarded on or after the effective date of this Act.
64	64	A public subsidy awarded before the effective date of this Act is
65	65	governed by the law in effect on the date the public subsidy was
66	66	awarded, and the former law is continued in effect for that purpose.
67	67	SECTION 6. This Act takes effect September 1, 2015.