87R5986 KSD-D
By: Pacheco H.B. No. 1336
A BILL TO BE ENTITLED
AN ACT
relating to requiring state contractors and political subdivisions
of this state to participate in the federal electronic verification
of employment authorization program, or E-verify.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. 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 3. The heading to Subchapter C, Chapter 2264,
Government Code, is amended to read as follows:
SUBCHAPTER C. E-VERIFY PROGRAM [ENFORCEMENT]
SECTION 4. Subchapter C, Chapter 2264, Government Code, is
amended by adding Sections 2264.1011, 2264.102, and 2264.103 to
read as follows:
Sec. 2264.1011. DEFINITIONS. In this subchapter:
(1) "E-verify program" has the meaning assigned by
Section 673.001.
(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 and any subcontractor
register with and participate in the E-verify program to verify
employee information. The contractor and any subcontractor must
continue to participate in the program during the term of the
contract.
(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 or becomes
inaccurate during the term of the contract, 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), that
a contractor has ceased participation in the E-verify program
during the term of the contract, or that a subcontractor is not
registered with or is not participating in the E-verify program,
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:
(1) was awarded a contract in violation of Section
2264.102;
(2) has ceased participation in the E-verify program
during the term of the contract; or
(3) hired a subcontractor to perform work under the
contract who is not registered with or is not participating in the
E-verify program.
(b) Debarment under this section is for a period of one year
except that the debarment may be extended by the comptroller for
additional one-year periods if the comptroller determines that the
grounds for debarment under this section continue to exist.
SECTION 5. Subtitle C, Title 5, Local Government Code, is
amended by adding Chapter 179 to read as follows:
CHAPTER 179. VERIFICATION OF EMPLOYEE INFORMATION
Sec. 179.001. DEFINITIONS. In this chapter:
(1) "E-verify program" has the meaning assigned by
Section 673.001, Government Code.
(2) "Political subdivision" means a county,
municipality, school district, junior college district, other
special district, or other subdivision of state government.
Sec. 179.002. VERIFICATION. A political subdivision shall
register and participate in the E-verify program to verify
information of all new employees.
Sec. 179.003. TERMINATION OF EMPLOYMENT. An employee of a
political subdivision who is responsible for verifying information
of new employees of the political subdivision as required by
Section 179.002 is subject to immediate termination of employment
if the employee fails to comply with that section.
SECTION 6. Each state agency subject to Subchapter C,
Chapter 2264, Government Code, as amended by this Act, shall
develop the procedures required under Section 2264.102(d),
Government Code, as added by this Act, not later than October 1,
2021.
SECTION 7. Sections 2264.1011, 2264.102, and 2264.103,
Government Code, as added by this Act, apply only in relation to a
contract for which the request for bids or proposals or other
applicable expression of interest is made public on or after the
effective date of this Act.
SECTION 8. This Act takes effect September 1, 2021.