Texas 2017 - 85th Regular

Texas Senate Bill SB23 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Schwertner, et al. S.B. No. 23
2		-	(In the Senate - Filed December 19, 2016; January 24, 2017,
3		-	read first time and referred to Committee on Business & Commerce;
4		-	March 20, 2017, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 7, Nays 1; March 20, 2017,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 23 By: Nichols
	2	+	(Kuempel)
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to requiring state contractors to participate in the
14	8		federal electronic verification of employment authorization
15	9		program, or E-verify.
16	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	11		SECTION 1. The heading to Chapter 2264, Government Code, is
18	12		amended to read as follows:
19	13		CHAPTER 2264. CERTAIN RESTRICTIONS ON [USE OF CERTAIN] PUBLIC
20	14		SUBSIDIES AND STATE CONTRACTS
21	15		SECTION 2. Section 2264.101, Government Code, is
22	16		transferred to Subchapter B, Chapter 2264, Government Code,
23	17		redesignated as Section 2264.054, Government Code, and amended to
24	18		read as follows:
25	19		Sec. 2264.054 [2264.101]. RECOVERY. (a) A public agency,
26	20		local taxing jurisdiction, or economic development corporation, or
27	21		the attorney general on behalf of the state or a state agency, may
28	22		bring a civil action to recover any amounts owed to the public
29	23		agency, state or local taxing jurisdiction, or economic development
30	24		corporation under this subchapter [chapter].
31	25		(b) The public agency, local taxing jurisdiction, economic
32	26		development corporation, or attorney general, as applicable, shall
33	27		recover court costs and reasonable attorney's fees incurred in an
34	28		action brought under Subsection (a).
35	29		(c) A business is not liable for a violation of this
36	30		subchapter [chapter] by a subsidiary, affiliate, or franchisee of
37	31		the business, or by a person with whom the business contracts.
38	32		SECTION 3. The heading to Subchapter C, Chapter 2264,
39	33		Government Code, is amended to read as follows:
40	34		SUBCHAPTER C. E-VERIFY PROGRAM [ENFORCEMENT]
41	35		SECTION 4. Subchapter C, Chapter 2264, Government Code, is
42	36		amended by adding Sections 2264.1011, 2264.102, 2264.103, and
43	37		2264.104 to read as follows:
44	38		Sec. 2264.1011. DEFINITIONS. In this subchapter:
45	39		(1) "E-verify program" has the meaning assigned by
46	40		Section 673.001.
47	41		(2) "State agency" has the meaning assigned by Section
48	42		2103.001.
49	43		Sec. 2264.102. VERIFICATION BY CONTRACTORS. (a) A state
50	44		agency may not award a contract for goods or services within this
51	45		state to a contractor unless the contractor registers with and
52	46		participates in the E-verify program to verify employee
53	47		information. The contractor must continue to participate in the
54	48		program during the term of the contract.
55	49		(b) Each contract with a state agency must include the
56	50		following statement:
57	51		"______________ (name of contractor) certifies that
58	52		__________ (name of contractor) is not ineligible to receive this
59	53		contract under Subchapter C, Chapter 2264, Government Code, and
60	54		acknowledges that if this certification is inaccurate or becomes
61	55		inaccurate during the term of the contract, the contractor may be
62	56		barred from participating in state contracts."
63	57		(c) If a state agency determines that a contractor was
64	58		ineligible to have the contract awarded under Subsection (a) or
65	59		that a contractor has ceased participation in the E-verify program
66	60		during the term of the contract, the state agency shall refer the
67	61		matter to the comptroller for action.
68	62		(d) Each state agency shall develop procedures for the
69	63		administration of this section.
70	64		Sec. 2264.103. BARRING FROM STATE CONTRACTS. (a) Using
71	65		procedures prescribed under Section 2155.077, the comptroller
72		-	shall bar a contractor from participating in state contracts if ~~the~~
73		-	~~comptroller~~ determines that the contractor:
	66	+	shall bar a contractor from participating in state contracts if a
	67	+	state agency under Section 2264.102 determines that the contractor:
74	68		(1) was awarded a contract in violation of Section
75	69		2264.102; or
76	70		(2) has ceased participation in the E-verify program
77	71		during the term of the contract.
78	72		(b) Debarment under this section is for a period of up to
79	73		five years.
80	74		(c) A contractor who registers with and participates in the
81	75		E-verify program as provided by Section 2264.102 may not be barred
82	76		under this section if, as a result of receiving inaccurate
83	77		verification information from the E-verify program, the contractor
84	78		hires or employs a person in violation of 8 U.S.C. Section 1324a.
85	79		Sec. 2264.104. AFFIRMATIVE DEFENSE; DISCRIMINATION
86	80		PROHIBITED. (a) It is an affirmative defense to a civil action for
87	81		damages or the imposition of a civil penalty for an employer's
88	82		refusal to hire or employ a person based on the employer's
89	83		participation in the E-verify program as required by this
90	84		subchapter that the employer participated in the E-verify program
91	85		in accordance with the rules and guidelines of the program and
92	86		received inaccurate information.
93	87		(b) Nothing in this section may be construed to allow
94	88		intentional discrimination of any class protected by law.
95	89		SECTION 5. Each state agency subject to Subchapter C,
96	90		Chapter 2264, Government Code, as amended by this Act, shall
97	91		develop the procedures required under Section 2264.102(d),
98	92		Government Code, as added by this Act, not later than October 1,
99	93		2017.
100	94		SECTION 6. Sections 2264.1011, 2264.102, and 2264.103,
101	95		Government Code, as added by this Act, apply only in relation to a
102	96		contract for which the request for bids or proposals or other
103	97		applicable expression of interest is made public on or after the
104	98		effective date of this Act.
105	99		SECTION 7. This Act takes effect September 1, 2017.
106		-	* * * * *