1 | 1 | | 89R610 RDS-D |
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2 | 2 | | By: Tepper H.B. No. 1308 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to employment practices of governmental entities, state |
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10 | 10 | | contractors, and private employers in this state regarding the |
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11 | 11 | | legal status of employees, including requiring participation in the |
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12 | 12 | | federal electronic verification of employment authorization |
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13 | 13 | | program, or E-verify program, and authorizing the suspension of |
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14 | 14 | | certain licenses held by private employers for certain conduct in |
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15 | 15 | | relation to the employment of persons not lawfully present. |
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16 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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17 | 17 | | SECTION 1. The heading to Chapter 2264, Government Code, is |
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18 | 18 | | amended to read as follows: |
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19 | 19 | | CHAPTER 2264. CERTAIN RESTRICTIONS ON [USE OF CERTAIN] PUBLIC |
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20 | 20 | | SUBSIDIES AND STATE CONTRACTS |
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21 | 21 | | SECTION 2. Section 2264.101, Government Code, is |
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22 | 22 | | transferred to Subchapter B, Chapter 2264, Government Code, |
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23 | 23 | | redesignated as Section 2264.054, Government Code, and amended to |
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24 | 24 | | read as follows: |
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25 | 25 | | Sec. 2264.054 [2264.101]. RECOVERY. (a) A public agency, |
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26 | 26 | | local taxing jurisdiction, or economic development corporation, or |
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27 | 27 | | the attorney general on behalf of the state or a state agency, may |
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28 | 28 | | bring a civil action to recover any amounts owed to the public |
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29 | 29 | | agency, state or local taxing jurisdiction, or economic development |
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30 | 30 | | corporation under this subchapter [chapter]. |
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31 | 31 | | (b) The public agency, local taxing jurisdiction, economic |
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32 | 32 | | development corporation, or attorney general, as applicable, shall |
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33 | 33 | | recover court costs and reasonable attorney's fees incurred in an |
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34 | 34 | | action brought under Subsection (a). |
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35 | 35 | | (c) A business is not liable for a violation of this |
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36 | 36 | | subchapter [chapter] by a subsidiary, affiliate, or franchisee of |
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37 | 37 | | the business, or by a person with whom the business contracts. |
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38 | 38 | | SECTION 3. The heading to Subchapter C, Chapter 2264, |
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39 | 39 | | Government Code, is amended to read as follows: |
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40 | 40 | | SUBCHAPTER C. E-VERIFY PROGRAM [ENFORCEMENT] |
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41 | 41 | | SECTION 4. Subchapter C, Chapter 2264, Government Code, is |
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42 | 42 | | amended by adding Sections 2264.1011, 2264.102, and 2264.103 to |
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43 | 43 | | read as follows: |
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44 | 44 | | Sec. 2264.1011. DEFINITIONS. In this subchapter: |
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45 | 45 | | (1) "E-verify program" has the meaning assigned by |
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46 | 46 | | Section 673.001. |
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47 | 47 | | (2) "State agency" has the meaning assigned by Section |
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48 | 48 | | 2103.001. |
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49 | 49 | | Sec. 2264.102. VERIFICATION BY CONTRACTORS. (a) Except as |
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50 | 50 | | provided by Subsection (b), a state agency may not award a contract |
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51 | 51 | | for goods or services within this state to a contractor unless the |
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52 | 52 | | contractor and any subcontractor register with and participate in |
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53 | 53 | | the E-verify program to verify employee information. The |
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54 | 54 | | contractor and any subcontractor must continue to participate in |
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55 | 55 | | the program during the term of the contract. |
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56 | 56 | | (b) This section does not apply to a contract for goods or |
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57 | 57 | | services: |
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58 | 58 | | (1) a state agency determines is necessary to the |
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59 | 59 | | operation of the agency; and |
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60 | 60 | | (2) for which the agency can find no reasonable |
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61 | 61 | | alternative to a bid submitted by a contractor that does not |
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62 | 62 | | participate in the E-verify program or require its subcontractors |
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63 | 63 | | to participate in the E-verify program. |
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64 | 64 | | (c) Each contract with a state agency must include the |
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65 | 65 | | following statement: |
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66 | 66 | | "The contractor certifies that the contractor is not |
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67 | 67 | | ineligible to receive this contract under Subchapter C, Chapter |
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68 | 68 | | 2264, Government Code, and acknowledges that if this certification |
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69 | 69 | | is inaccurate or becomes inaccurate during the term of the |
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70 | 70 | | contract, the contractor may be barred from participating in state |
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71 | 71 | | contracts." |
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72 | 72 | | (d) If a state agency determines that a contractor was |
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73 | 73 | | ineligible to have the contract awarded under Subsection (a), that |
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74 | 74 | | a contractor has ceased participation in the E-verify program |
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75 | 75 | | during the term of the contract, or that a subcontractor is not |
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76 | 76 | | registered with or is not participating in the E-verify program, |
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77 | 77 | | the state agency shall refer the matter to the comptroller for |
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78 | 78 | | action. |
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79 | 79 | | (e) Each state agency shall develop procedures for the |
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80 | 80 | | administration of this section. |
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81 | 81 | | Sec. 2264.103. BARRING FROM STATE CONTRACTS. (a) Using |
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82 | 82 | | procedures prescribed under Section 2155.077, the comptroller may |
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83 | 83 | | bar a contractor from participating in state contracts if the |
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84 | 84 | | comptroller determines that the contractor was awarded a contract |
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85 | 85 | | in violation of Section 2264.102 or, in violation of Section |
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86 | 86 | | 2264.102: |
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87 | 87 | | (1) has ceased participation in the E-verify program |
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88 | 88 | | during the term of the contract; or |
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89 | 89 | | (2) knowingly hired a subcontractor, other than a |
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90 | 90 | | subcontractor who acts exclusively as a supplier for the contract, |
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91 | 91 | | to perform work under the contract who is not registered with or is |
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92 | 92 | | not participating in the E-verify program. |
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93 | 93 | | (b) Debarment under this section is for a period of one year |
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94 | 94 | | except that the debarment may be extended by the comptroller for |
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95 | 95 | | additional one-year periods if the comptroller determines that the |
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96 | 96 | | grounds for debarment under this section continue to exist. |
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97 | 97 | | (c) It is an affirmative defense to a debarment proceeding |
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98 | 98 | | under this section that the contractor did not know that a |
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99 | 99 | | subcontractor hired to perform work under the contract is not |
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100 | 100 | | registered with or is not participating in the E-verify program. |
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101 | 101 | | SECTION 5. Subtitle A, Title 6, Government Code, is amended |
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102 | 102 | | by adding Chapter 621 to read as follows: |
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103 | 103 | | CHAPTER 621. VERIFICATION OF EMPLOYEE INFORMATION; EMPLOYMENT OF |
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104 | 104 | | PERSONS NOT LAWFULLY PRESENT |
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105 | 105 | | SUBCHAPTER A. GENERAL PROVISIONS |
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106 | 106 | | Sec. 621.001. DEFINITIONS. In this chapter: |
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107 | 107 | | (1) "E-verify program" has the meaning assigned by |
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108 | 108 | | Section 673.001. |
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109 | 109 | | (2) "Governmental entity" has the meaning assigned by |
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110 | 110 | | Section 620.001, except that the term includes a school district or |
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111 | 111 | | open-enrollment charter school. |
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112 | 112 | | (3) "Person not lawfully present" means a person who, |
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113 | 113 | | at the time of employment, is not: |
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114 | 114 | | (A) a citizen or national of the United States; |
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115 | 115 | | or |
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116 | 116 | | (B) an alien who is lawfully admitted for |
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117 | 117 | | permanent residence in the United States under the federal |
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118 | 118 | | Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) or |
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119 | 119 | | authorized to be employed by that Act or by the United States |
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120 | 120 | | attorney general. |
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121 | 121 | | SUBCHAPTER B. VERIFICATION OF EMPLOYEE INFORMATION |
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122 | 122 | | Sec. 621.051. E-VERIFY PROGRAM. (a) A governmental entity |
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123 | 123 | | shall register and participate in the E-verify program to verify |
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124 | 124 | | information of all new employees. |
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125 | 125 | | (b) This section may not be construed as limiting a |
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126 | 126 | | requirement imposed on a state agency under Chapter 673. |
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127 | 127 | | SUBCHAPTER C. EMPLOYMENT OF PERSONS NOT LAWFULLY PRESENT |
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128 | 128 | | Sec. 621.101. PROHIBITED EMPLOYMENT. A governmental entity |
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129 | 129 | | may not knowingly hire, employ, recruit, or refer for a fee a person |
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130 | 130 | | not lawfully present. |
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131 | 131 | | SUBCHAPTER D. ENFORCEMENT |
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132 | 132 | | Sec. 621.151. REPORTING VIOLATION. (a) A person who has a |
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133 | 133 | | reasonable belief that a governmental entity violated this chapter |
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134 | 134 | | may report the allegation to the attorney general. |
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135 | 135 | | (b) The person alleging a violation under Subsection (a) |
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136 | 136 | | must, to the extent known by the person, provide to the attorney |
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137 | 137 | | general: |
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138 | 138 | | (1) the name, address, and telephone number of the |
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139 | 139 | | person filing the report; |
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140 | 140 | | (2) the name and address of the governmental entity; |
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141 | 141 | | (3) if applicable, the name of the person alleged to be |
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142 | 142 | | a person not lawfully present who has performed or will perform work |
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143 | 143 | | for the governmental entity; |
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144 | 144 | | (4) the information that caused the person to make the |
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145 | 145 | | report and the source of the information; and |
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146 | 146 | | (5) any other information relevant to the allegation. |
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147 | 147 | | Sec. 621.152. INVESTIGATION. (a) On receipt of a report |
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148 | 148 | | made under Section 621.151, the attorney general shall determine |
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149 | 149 | | whether reasonable cause exists to merit an investigation of the |
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150 | 150 | | allegation. If the attorney general determines reasonable cause |
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151 | 151 | | exists, the attorney general shall conduct an investigation. |
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152 | 152 | | (b) A governmental entity must comply with reasonable |
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153 | 153 | | requests for documents or other information made by the attorney |
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154 | 154 | | general during an investigation conducted under this section, |
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155 | 155 | | including a request for: |
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156 | 156 | | (1) documents related to the legal status of an |
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157 | 157 | | employee; |
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158 | 158 | | (2) if applicable, evidence related to the entity's |
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159 | 159 | | affirmative defense under Section 621.153; |
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160 | 160 | | (3) documents related to the entity's finances and |
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161 | 161 | | operations; or |
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162 | 162 | | (4) other documents or information the attorney |
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163 | 163 | | general determines necessary for conducting the investigation. |
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164 | 164 | | (c) The attorney general may request the assistance of the |
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165 | 165 | | Department of Public Safety and local law enforcement entities to |
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166 | 166 | | ensure compliance with this section. |
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167 | 167 | | (d) In conducting an investigation under this section, the |
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168 | 168 | | attorney general may not interview a minor or collect information |
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169 | 169 | | related to a minor without first obtaining consent from the minor's |
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170 | 170 | | parent or legal guardian. |
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171 | 171 | | (e) Information the attorney general obtains during an |
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172 | 172 | | investigation under this section is confidential and excepted from |
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173 | 173 | | disclosure under Chapter 552 but may be used in an administrative |
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174 | 174 | | proceeding under this chapter at the attorney general's discretion. |
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175 | 175 | | Sec. 621.153. AFFIRMATIVE DEFENSE. It is an affirmative |
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176 | 176 | | defense to a proceeding under this subchapter in relation to an |
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177 | 177 | | alleged violation of Subchapter C that the governmental entity |
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178 | 178 | | complied in good faith with the document review requirements |
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179 | 179 | | described by the federal Immigration Reform and Control Act of 1986 |
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180 | 180 | | (8 U.S.C. Section 1324a(b)). |
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181 | 181 | | Sec. 621.154. DETERMINATION BY ATTORNEY GENERAL; |
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182 | 182 | | OPPORTUNITY TO CURE. (a) If the attorney general determines under |
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183 | 183 | | Section 621.152 that a governmental entity violated this chapter, |
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184 | 184 | | the attorney general shall provide written notice of the |
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185 | 185 | | determination to the entity. The notice must explain the |
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186 | 186 | | governmental entity's options for taking corrective action to cure |
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187 | 187 | | the violation, which must include: |
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188 | 188 | | (1) for a violation under Section 621.051, submitting |
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189 | 189 | | to the attorney general evidence that the entity has registered and |
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190 | 190 | | is participating in the E-verify program to verify information of |
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191 | 191 | | all new employees; or |
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192 | 192 | | (2) for a violation under Section 621.101, submitting |
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193 | 193 | | to the attorney general, as applicable: |
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194 | 194 | | (A) evidence that the person not lawfully present |
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195 | 195 | | is no longer employed by or working for the entity; or |
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196 | 196 | | (B) a sworn statement attesting that the entity |
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197 | 197 | | has ceased and will continue to cease recruiting or referring for a |
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198 | 198 | | fee persons not lawfully present. |
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199 | 199 | | (b) On receipt of notice from the attorney general under |
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200 | 200 | | Subsection (a), the governmental entity shall take appropriate |
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201 | 201 | | corrective action to cure the violation. Not later than the 10th |
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202 | 202 | | business day after the date the governmental entity receives the |
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203 | 203 | | notice, the entity must notify the attorney general of the |
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204 | 204 | | corrective action taken by the entity to cure the violation. |
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205 | 205 | | (c) If the attorney general determines that the |
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206 | 206 | | governmental entity has taken appropriate corrective action under |
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207 | 207 | | Subsection (b), the attorney general shall close the investigation |
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208 | 208 | | and promptly notify the entity accordingly. |
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209 | 209 | | Sec. 621.155. STATE GRANT FUNDING ELIGIBILITY. (a) A |
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210 | 210 | | governmental entity is ineligible to receive grant funding from |
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211 | 211 | | this state if: |
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212 | 212 | | (1) the entity fails to reply to the attorney general's |
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213 | 213 | | notice under Section 621.154; or |
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214 | 214 | | (2) the attorney general determines that the |
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215 | 215 | | corrective action taken by the entity under that section did not |
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216 | 216 | | cure the entity's violation. |
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217 | 217 | | (b) The attorney general shall provide to a governmental |
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218 | 218 | | entity described by Subsection (a) written notice, as applicable, |
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219 | 219 | | that: |
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220 | 220 | | (1) the entity: |
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221 | 221 | | (A) is in violation of this chapter; |
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222 | 222 | | (B) is ineligible to receive grant funding from |
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223 | 223 | | this state; and |
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224 | 224 | | (C) may take appropriate corrective action to |
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225 | 225 | | cure the violation and become eligible to receive state grant |
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226 | 226 | | funding; or |
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227 | 227 | | (2) the entity: |
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228 | 228 | | (A) has failed to reply to the attorney general's |
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229 | 229 | | notice under Section 621.154; |
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230 | 230 | | (B) is ineligible to receive grant funding from |
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231 | 231 | | the state; and |
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232 | 232 | | (C) may reply to the notice and become eligible |
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233 | 233 | | to receive state grant funding. |
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234 | 234 | | Sec. 621.156. COMPTROLLER RECORDS. (a) The comptroller |
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235 | 235 | | shall maintain a list of governmental entities identified by the |
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236 | 236 | | attorney general under Subsection (b) for purposes of ensuring that |
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237 | 237 | | an entity included in the list does not receive grant funding from |
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238 | 238 | | this state. |
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239 | 239 | | (b) At the time the attorney general sends notice to a |
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240 | 240 | | governmental entity under Section 621.155(b), the attorney general |
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241 | 241 | | shall provide to the comptroller the identity of the entity for |
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242 | 242 | | inclusion in the list the comptroller maintains under Subsection |
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243 | 243 | | (a). |
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244 | 244 | | (c) Information provided to the comptroller by the attorney |
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245 | 245 | | general under this section is confidential and excepted from |
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246 | 246 | | disclosure under Chapter 552. |
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247 | 247 | | Sec. 621.157. REINSTATEMENT OF GRANT ELIGIBILITY. (a) A |
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248 | 248 | | governmental entity may request that the attorney general reinstate |
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249 | 249 | | the entity's eligibility to receive grant funding from this state |
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250 | 250 | | by notifying the attorney general, as appropriate, of: |
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251 | 251 | | (1) corrective action taken by the entity to cure the |
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252 | 252 | | violation; or |
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253 | 253 | | (2) the entity's reply to the attorney general's |
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254 | 254 | | notice under Section 621.154. |
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255 | 255 | | (b) If the attorney general determines that the corrective |
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256 | 256 | | action taken by the governmental entity cured the violation or that |
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257 | 257 | | the entity's reply is responsive to the notice, as appropriate, the |
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258 | 258 | | entity becomes eligible to receive grant funding from this state. |
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259 | 259 | | (c) At the time the attorney general makes a determination |
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260 | 260 | | under Subsection (b), the attorney general shall instruct the |
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261 | 261 | | comptroller to remove the governmental entity from the list the |
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262 | 262 | | comptroller maintains under Section 621.156, and the comptroller |
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263 | 263 | | shall remove the entity from the list. |
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264 | 264 | | SECTION 6. Subtitle B, Title 2, Labor Code, is amended by |
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265 | 265 | | adding Chapter 53 to read as follows: |
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266 | 266 | | CHAPTER 53. VERIFICATION OF EMPLOYEE INFORMATION; EMPLOYMENT OF |
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267 | 267 | | PERSONS NOT LAWFULLY PRESENT |
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268 | 268 | | SUBCHAPTER A. GENERAL PROVISIONS |
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269 | 269 | | Sec. 53.001. DEFINITIONS. In this chapter: |
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270 | 270 | | (1) "Employee" means an individual who is employed by |
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271 | 271 | | an employer for compensation. The term includes an individual |
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272 | 272 | | employed on a part-time basis. |
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273 | 273 | | (2) "Employer" means a person, other than a |
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274 | 274 | | governmental entity, who: |
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275 | 275 | | (A) employs at least 25 employees; or |
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276 | 276 | | (B) acts directly or indirectly in the interests |
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277 | 277 | | of an employer in relation to an employee. |
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278 | 278 | | (3) "E-verify program" has the meaning assigned by |
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279 | 279 | | Section 673.001, Government Code. |
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280 | 280 | | (4) "License" means a license, certificate, |
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281 | 281 | | registration, permit, or other authorization that: |
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282 | 282 | | (A) is issued by a licensing authority; |
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283 | 283 | | (B) is subject before expiration to renewal, |
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284 | 284 | | suspension, revocation, forfeiture, or termination by a licensing |
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285 | 285 | | authority; and |
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286 | 286 | | (C) is required for a person to practice or |
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287 | 287 | | engage in a particular business, occupation, or profession. |
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288 | 288 | | (5) "Licensing authority" means a department, |
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289 | 289 | | commission, board, office, or other agency of this state that |
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290 | 290 | | issues or renews a license. |
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291 | 291 | | (6) "Person not lawfully present" means a person who, |
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292 | 292 | | at the time of employment, is not: |
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293 | 293 | | (A) a citizen or national of the United States; |
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294 | 294 | | or |
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295 | 295 | | (B) an alien who is lawfully admitted for |
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296 | 296 | | permanent residence in the United States under the federal |
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297 | 297 | | Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) or |
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298 | 298 | | authorized to be employed by that Act or by the United States |
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299 | 299 | | attorney general. |
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300 | 300 | | Sec. 53.002. EMPLOYEE STATUS. An employer may not classify |
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301 | 301 | | an individual performing services for the employer as an |
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302 | 302 | | independent contractor instead of as an employee of the employer |
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303 | 303 | | solely for the purpose of avoiding the requirements applicable to |
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304 | 304 | | an employer under this chapter. |
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305 | 305 | | SUBCHAPTER B. VERIFICATION OF EMPLOYEE INFORMATION |
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306 | 306 | | Sec. 53.051. VERIFICATION. An employer shall register and |
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307 | 307 | | participate in the E-verify program to verify information of all |
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308 | 308 | | new employees. |
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309 | 309 | | SUBCHAPTER C. EMPLOYMENT OF PERSONS NOT LAWFULLY PRESENT |
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310 | 310 | | Sec. 53.101. PROHIBITED EMPLOYMENT. An employer may not |
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311 | 311 | | knowingly hire, employ, recruit, or refer for a fee an individual |
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312 | 312 | | who is a person not lawfully present. |
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313 | 313 | | SUBCHAPTER D. ENFORCEMENT |
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314 | 314 | | Sec. 53.151. REPORTING VIOLATION. (a) A person who has a |
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315 | 315 | | reasonable belief that an employer violated this chapter may report |
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316 | 316 | | the allegation to the attorney general. |
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317 | 317 | | (b) The person alleging a violation under Subsection (a) |
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318 | 318 | | must, to the extent known by the person, provide to the attorney |
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319 | 319 | | general: |
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320 | 320 | | (1) the name, address, and telephone number of the |
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321 | 321 | | person filing the report; |
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322 | 322 | | (2) the name and address of the employer; |
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323 | 323 | | (3) if applicable, the name of the person not lawfully |
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324 | 324 | | present who has performed or will perform work for the employer; |
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325 | 325 | | (4) the information that caused the person to make the |
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326 | 326 | | report and the source of the information; and |
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327 | 327 | | (5) any other information relevant to the allegation. |
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328 | 328 | | Sec. 53.152. INVESTIGATION BY ATTORNEY GENERAL. (a) On |
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329 | 329 | | receipt of a report made under Section 53.151, the attorney general |
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330 | 330 | | shall determine whether reasonable cause exists to merit an |
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331 | 331 | | investigation of the allegation. If the attorney general |
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332 | 332 | | determines reasonable cause exists, the attorney general shall |
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333 | 333 | | conduct an investigation. |
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334 | 334 | | (b) An employer must comply with reasonable requests for |
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335 | 335 | | documents or other information made by the attorney general during |
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336 | 336 | | an investigation, including a request for: |
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337 | 337 | | (1) documents related to the legal status of an |
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338 | 338 | | employee; |
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339 | 339 | | (2) if applicable, evidence related to an employer's |
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340 | 340 | | affirmative defense under Section 53.153; |
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341 | 341 | | (3) documents related to the employer's finances and |
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342 | 342 | | operations; |
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343 | 343 | | (4) a list of all licenses held by the employer; and |
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344 | 344 | | (5) other documents or information the attorney |
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345 | 345 | | general determines necessary for conducting the investigation. |
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346 | 346 | | (c) The attorney general may request the assistance of the |
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347 | 347 | | Department of Public Safety and local law enforcement entities to |
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348 | 348 | | ensure compliance with this section. |
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349 | 349 | | (d) In conducting an investigation under this section, the |
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350 | 350 | | attorney general may not: |
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351 | 351 | | (1) interview a minor or collect information related |
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352 | 352 | | to a minor without first obtaining consent from the minor's parent |
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353 | 353 | | or legal guardian; or |
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354 | 354 | | (2) visit the employer's premises at an unreasonable |
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355 | 355 | | time without obtaining the employer's consent. |
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356 | 356 | | (e) Information obtained during an investigation under this |
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357 | 357 | | section is confidential and excepted from disclosure under Chapter |
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358 | 358 | | 552, but may be used in an administrative proceeding under this |
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359 | 359 | | chapter at the attorney general's discretion. |
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360 | 360 | | Sec. 53.153. AFFIRMATIVE DEFENSE. It is an affirmative |
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361 | 361 | | defense to a proceeding under this subchapter in relation to an |
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362 | 362 | | alleged violation of Subchapter C that the employer complied in |
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363 | 363 | | good faith with the document review requirements described by the |
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364 | 364 | | federal Immigration Reform and Control Act of 1986 (8 U.S.C. |
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365 | 365 | | Section 1324a(b)). |
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366 | 366 | | Sec. 53.154. INITIAL DETERMINATION BY ATTORNEY GENERAL; |
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367 | 367 | | OPPORTUNITY TO CURE. (a) If the attorney general determines under |
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368 | 368 | | Section 53.152 that the employer violated this chapter, the |
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369 | 369 | | attorney general shall provide written notice of the determination |
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370 | 370 | | to the employer. The notice must: |
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371 | 371 | | (1) explain the employer's options for taking |
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372 | 372 | | corrective action to cure the violation, which must include: |
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373 | 373 | | (A) for a violation under Section 53.002, |
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374 | 374 | | submitting to the attorney general evidence that the employer is |
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375 | 375 | | properly classifying individuals performing services for the |
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376 | 376 | | employer, together with a sworn statement attesting that the |
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377 | 377 | | employer will continue to do so; |
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378 | 378 | | (B) for a violation under Section 53.051, |
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379 | 379 | | submitting to the attorney general evidence that the employer has |
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380 | 380 | | registered and is participating in the E-verify program to verify |
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381 | 381 | | information of all new employees; or |
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382 | 382 | | (C) for a violation under Section 53.101, |
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383 | 383 | | submitting to the attorney general, as applicable: |
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384 | 384 | | (i) evidence that the person not lawfully |
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385 | 385 | | present is no longer employed by or working for the employer; or |
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386 | 386 | | (ii) a sworn statement attesting that the |
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387 | 387 | | employer has ceased and will continue to cease recruiting or |
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388 | 388 | | referring for a fee persons not lawfully present; and |
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389 | 389 | | (2) inform the employer that each license held by the |
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390 | 390 | | employer is subject to suspension if the employer does not take |
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391 | 391 | | appropriate corrective action and notify the attorney general of |
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392 | 392 | | that action in the time prescribed by Subsection (b). |
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393 | 393 | | (b) On receipt of notice from the attorney general under |
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394 | 394 | | Subsection (a), the employer shall take appropriate corrective |
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395 | 395 | | action to cure the violation. Not later than the 10th business day |
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396 | 396 | | after the date the employer receives the notice, the employer must |
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397 | 397 | | notify the attorney general of the corrective action taken by the |
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398 | 398 | | employer to cure the violation. |
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399 | 399 | | Sec. 53.155. FINAL DETERMINATION BY ATTORNEY GENERAL; |
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400 | 400 | | LICENSE SUSPENSION FOR FAILURE TO CURE; RIGHT TO JUDICIAL REVIEW. |
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401 | 401 | | (a) If the attorney general determines that an employer has taken |
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402 | 402 | | appropriate corrective action under Section 53.154(b), the |
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403 | 403 | | attorney general shall close the investigation and promptly notify |
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404 | 404 | | the employer accordingly. |
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405 | 405 | | (b) If the attorney general determines that an employer |
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406 | 406 | | failed to reply to the attorney general's notice under Section |
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407 | 407 | | 53.154(b) or that the corrective action taken by the employer under |
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408 | 408 | | that subsection did not cure the employer's violation, the attorney |
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409 | 409 | | general shall promptly provide written notice to the employer that: |
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410 | 410 | | (1) the employer has been finally determined by the |
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411 | 411 | | attorney general to have violated this chapter; and |
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412 | 412 | | (2) each license issued to the employer by a licensing |
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413 | 413 | | authority will be suspended for a period of two years, subject to |
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414 | 414 | | judicial review of the attorney general's determination as a |
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415 | 415 | | contested case under Chapter 2001, Government Code. |
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416 | 416 | | (c) Not later than the 30th day after the date an employer |
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417 | 417 | | receives notice under Subsection (b), an employer may seek judicial |
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418 | 418 | | review as provided by Chapter 2001, Government Code, of the |
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419 | 419 | | attorney general's determination. |
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420 | 420 | | Sec. 53.156. ORDER FOR LICENSE SUSPENSION. If an employer |
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421 | 421 | | finally determined by the attorney general to have violated this |
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422 | 422 | | chapter does not seek judicial review of the attorney general's |
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423 | 423 | | determination in the time prescribed by Section 53.155 or does not |
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424 | 424 | | prevail on judicial review, the attorney general shall promptly: |
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425 | 425 | | (1) render a final order suspending each license held |
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426 | 426 | | by the employer for a period of two years; and |
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427 | 427 | | (2) send a copy of the order to: |
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428 | 428 | | (A) the employer; and |
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429 | 429 | | (B) each licensing authority that issued a |
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430 | 430 | | license held by the employer. |
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431 | 431 | | Sec. 53.157. ACTION BY LICENSING AUTHORITY. (a) On receipt |
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432 | 432 | | from the attorney general of a final order under this chapter |
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433 | 433 | | suspending an employer's license, a licensing authority shall |
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434 | 434 | | immediately determine if the authority has issued a license to the |
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435 | 435 | | person named on the order and, if a license has been issued: |
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436 | 436 | | (1) record the suspension of the license in the |
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437 | 437 | | licensing authority's records; |
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438 | 438 | | (2) report the suspension as appropriate; |
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439 | 439 | | (3) provide written notice of the suspension to the |
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440 | 440 | | person; and |
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441 | 441 | | (4) demand surrender of the suspended license if |
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442 | 442 | | required by law for other cases in which a license is suspended. |
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443 | 443 | | (b) A licensing authority shall implement the terms of a |
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444 | 444 | | final order suspending a license without additional review or |
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445 | 445 | | hearing. The authority may provide notice as appropriate to the |
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446 | 446 | | license holder or to others concerned with the license. |
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447 | 447 | | (c) A licensing authority may not modify, remand, reverse, |
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448 | 448 | | vacate, or stay an order suspending a license issued under this |
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449 | 449 | | chapter and may not review, vacate, or reconsider the terms of a |
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450 | 450 | | final order suspending a license. |
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451 | 451 | | (d) A person who is the subject of a final order suspending a |
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452 | 452 | | license is not entitled to a refund for any fee or other amount paid |
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453 | 453 | | to the licensing authority. |
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454 | 454 | | (e) A person who continues to engage in the business, |
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455 | 455 | | occupation, profession, or other licensed activity after the |
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456 | 456 | | implementation of the order suspending a license by the licensing |
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457 | 457 | | authority is liable for the same civil, administrative, and |
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458 | 458 | | criminal penalties provided for engaging in the licensed activity |
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459 | 459 | | without a license or while a license is suspended that apply to any |
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460 | 460 | | other license holder of that licensing authority. |
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461 | 461 | | (f) A licensing authority is exempt from liability to a |
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462 | 462 | | license holder for any act authorized under this chapter performed |
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463 | 463 | | by the authority. |
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464 | 464 | | (g) Except as provided by this chapter, an order suspending |
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465 | 465 | | a license does not affect the power of a licensing authority to |
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466 | 466 | | grant, deny, suspend, revoke, terminate, or renew a license. |
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467 | 467 | | Sec. 53.158. ENFORCEMENT BY STATE AGENCIES; RULES. (a) |
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468 | 468 | | Notwithstanding any other law and in addition to any duty relating |
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469 | 469 | | to the enforcement of this chapter that is assigned to another |
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470 | 470 | | governmental entity by this subchapter, each appropriate state |
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471 | 471 | | agency shall ensure that employers in this state comply with this |
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472 | 472 | | chapter and may require compliance with this chapter as a condition |
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473 | 473 | | of a license. |
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474 | 474 | | (b) Each appropriate state agency shall adopt rules and |
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475 | 475 | | prescribe forms as necessary to implement this section. |
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476 | 476 | | SECTION 7. Subchapter A, Chapter 204, Labor Code, is |
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477 | 477 | | amended by adding Section 204.0021 to read as follows: |
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478 | 478 | | Sec. 204.0021. ADDITIONAL REQUIREMENT FOR WAGE REPORTING. |
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479 | 479 | | Any verification form or electronic process used by the commission |
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480 | 480 | | for an employer to report wages paid by the employer for purposes of |
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481 | 481 | | this subtitle must require the employer to certify the employer's |
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482 | 482 | | compliance with Chapter 53. |
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483 | 483 | | SECTION 8. Each state agency subject to Subchapter C, |
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484 | 484 | | Chapter 2264, Government Code, as amended by this Act, shall |
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485 | 485 | | develop the procedures required under Section 2264.102(e), |
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486 | 486 | | Government Code, as added by this Act, not later than December 31, |
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487 | 487 | | 2025. |
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488 | 488 | | SECTION 9. Sections 2264.1011, 2264.102, and 2264.103, |
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489 | 489 | | Government Code, as added by this Act, apply only in relation to a |
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490 | 490 | | contract for which the request for bids or proposals or other |
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491 | 491 | | applicable expression of interest is made public on or after the |
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492 | 492 | | effective date of this Act. |
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493 | 493 | | SECTION 10. As soon as practicable after the effective date |
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494 | 494 | | of this Act, each appropriate state agency subject to Section |
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495 | 495 | | 53.158, Labor Code, as added by this Act, shall adopt rules and |
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496 | 496 | | prescribe forms as required by that section. |
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497 | 497 | | SECTION 11. Section 204.0021, Labor Code, Subchapter C, |
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498 | 498 | | Chapter 53, Labor Code, and Chapter 621, Government Code, as added |
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499 | 499 | | by this Act, apply beginning January 1, 2027. |
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500 | 500 | | SECTION 12. It is the intent of the legislature that every |
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501 | 501 | | provision in this Act, and every application of the provisions in |
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502 | 502 | | this Act to every person, group of persons, or circumstances, is |
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503 | 503 | | severable from each other. If any application of any provision in |
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504 | 504 | | this Act to any person, group of persons, or circumstances is found |
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505 | 505 | | by a court to be invalid for any reason, the remaining applications |
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506 | 506 | | of that provision to all other persons and circumstances shall be |
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507 | 507 | | severed and may not be affected. |
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508 | 508 | | SECTION 13. This Act takes effect September 1, 2025. |
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