Texas 2019 - 86th Regular

Texas Senate Bill SB197 Compare Versions

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

Old	New	Differences
1	1	86R2247 MTB-F
2	2	By: Schwertner S.B. No. 197
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 agency,
20	20	local taxing jurisdiction, or economic development corporation, or
21	21	the attorney general on behalf of the state or a state agency, may
22	22	bring a civil action to recover any amounts owed to the public
23	23	agency, state or local taxing jurisdiction, or economic development
24	24	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, 2264.103, and
37	37	2264.104 to read as follows:
38	38	Sec. 2264.1011. DEFINITIONS. In this subchapter:
39	39	(1) "E-verify program" has the meaning assigned by
40	40	Section 673.001.
41	41	(2) "State agency" has the meaning assigned by Section
42	42	2103.001.
43	43	Sec. 2264.102. VERIFICATION BY CONTRACTORS. (a) A state
44	44	agency may not award a contract for goods or services within this
45	45	state to a contractor unless the contractor registers with and
46	46	participates in the E-verify program to verify employee
47	47	information. The contractor must continue to participate in the
48	48	program during the term of the contract.
49	49	(b) Each contract with a state agency must include the
50	50	following statement:
51	51	"______________ (name of contractor) certifies that
52	52	__________ (name of contractor) is not ineligible to receive this
53	53	contract under Subchapter C, Chapter 2264, Government Code, and
54	54	acknowledges that if this certification is inaccurate or becomes
55	55	inaccurate during the term of the contract, the contractor may be
56	56	barred from participating in state contracts."
57	57	(c) If a state agency determines that a contractor was
58	58	ineligible to have the contract awarded under Subsection (a) or
59	59	that a contractor has ceased participation in the E-verify program
60	60	during the term of the contract, the state agency shall refer the
61	61	matter to the comptroller for action.
62	62	(d) Each state agency shall develop procedures for the
63	63	administration of this section.
64	64	Sec. 2264.103. BARRING FROM STATE CONTRACTS. (a) Using
65	65	procedures prescribed under Section 2155.077, the comptroller
66	66	shall bar a contractor from participating in state contracts if a
67	67	state agency under Section 2264.102 determines that the contractor:
68	68	(1) was awarded a contract in violation of Section
69	69	2264.102; or
70	70	(2) has ceased participation in the E-verify program
71	71	during the term of the contract.
72	72	(b) Debarment under this section is for a period of up to
73	73	five years.
74	74	(c) A contractor who registers with and participates in the
75	75	E-verify program as provided by Section 2264.102 may not be barred
76	76	under this section if, as a result of receiving inaccurate
77	77	verification information from the E-verify program, the contractor
78	78	hires or employs a person in violation of 8 U.S.C. Section 1324a.
79	79	Sec. 2264.104. AFFIRMATIVE DEFENSE; DISCRIMINATION
80	80	PROHIBITED. (a) It is an affirmative defense to a civil action for
81	81	damages or the imposition of a civil penalty for an employer's
82	82	refusal to hire or employ a person based on the employer's
83	83	participation in the E-verify program as required by this
84	84	subchapter that the employer participated in the E-verify program
85	85	in accordance with the rules and guidelines of the program and
86	86	received inaccurate information.
87	87	(b) This section may not be construed to allow intentional
88	88	discrimination of any class protected by law.
89	89	SECTION 5. Section 81.072, Natural Resources Code, and
90	90	Section 223.051, Transportation Code, as added by Chapter 533 (S.B.
91	91	312), Acts of the 85th Legislature, Regular Session, 2017, are
92	92	repealed.
93	93	SECTION 6. 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	2019.
98	98	SECTION 7. 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 8. This Act takes effect September 1, 2019.