Texas 2021 - 87th Regular

Texas House Bill HB1660 Compare Versions

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

Old	New	Differences
1	1	87R5986 KSD-D
2	2	By: Pacheco H.B. No. 1660
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring state contractors and political subdivisions
8	8	of this state to participate in the federal electronic verification
9	9	of employment authorization 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, and 2264.103 to
37	37	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 and any subcontractor
46	46	register with and participate in the E-verify program to verify
47	47	employee information. The contractor and any subcontractor must
48	48	continue to participate in the program during the term of the
49	49	contract.
50	50	(b) Each contract with a state agency must include the
51	51	following statement:
52	52	"______________ (name of contractor) certifies that
53	53	__________ (name of contractor) is not ineligible to receive this
54	54	contract under Subchapter C, Chapter 2264, Government Code, and
55	55	acknowledges that if this certification is inaccurate or becomes
56	56	inaccurate during the term of the contract, the contractor may be
57	57	barred from participating in state contracts."
58	58	(c) If a state agency determines that a contractor was
59	59	ineligible to have the contract awarded under Subsection (a), that
60	60	a contractor has ceased participation in the E-verify program
61	61	during the term of the contract, or that a subcontractor is not
62	62	registered with or is not participating in the E-verify program,
63	63	the state agency shall refer the matter to the comptroller for
64	64	action.
65	65	(d) Each state agency shall develop procedures for the
66	66	administration of this section.
67	67	Sec. 2264.103. BARRING FROM STATE CONTRACTS. (a) Using
68	68	procedures prescribed under Section 2155.077, the comptroller
69	69	shall bar a contractor from participating in state contracts if the
70	70	comptroller determines that the contractor:
71	71	(1) was awarded a contract in violation of Section
72	72	2264.102;
73	73	(2) has ceased participation in the E-verify program
74	74	during the term of the contract; or
75	75	(3) hired a subcontractor to perform work under the
76	76	contract who is not registered with or is not participating in the
77	77	E-verify program.
78	78	(b) Debarment under this section is for a period of one year
79	79	except that the debarment may be extended by the comptroller for
80	80	additional one-year periods if the comptroller determines that the
81	81	grounds for debarment under this section continue to exist.
82	82	SECTION 5. Subtitle C, Title 5, Local Government Code, is
83	83	amended by adding Chapter 179 to read as follows:
84	84	CHAPTER 179. VERIFICATION OF EMPLOYEE INFORMATION
85	85	Sec. 179.001. DEFINITIONS. In this chapter:
86	86	(1) "E-verify program" has the meaning assigned by
87	87	Section 673.001, Government Code.
88	88	(2) "Political subdivision" means a county,
89	89	municipality, school district, junior college district, other
90	90	special district, or other subdivision of state government.
91	91	Sec. 179.002. VERIFICATION. A political subdivision shall
92	92	register and participate in the E-verify program to verify
93	93	information of all new employees.
94	94	Sec. 179.003. TERMINATION OF EMPLOYMENT. An employee of a
95	95	political subdivision who is responsible for verifying information
96	96	of new employees of the political subdivision as required by
97	97	Section 179.002 is subject to immediate termination of employment
98	98	if the employee fails to comply with that section.
99	99	SECTION 6. Each state agency subject to Subchapter C,
100	100	Chapter 2264, Government Code, as amended by this Act, shall
101	101	develop the procedures required under Section 2264.102(d),
102	102	Government Code, as added by this Act, not later than October 1,
103	103	2021.
104	104	SECTION 7. Sections 2264.1011, 2264.102, and 2264.103,
105	105	Government Code, as added by this Act, apply only in relation to a
106	106	contract for which the request for bids or proposals or other
107	107	applicable expression of interest is made public on or after the
108	108	effective date of this Act.
109	109	SECTION 8. This Act takes effect September 1, 2021.