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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring governmental entities and contractors with |
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governmental entities to participate in the federal work |
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authorization program; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 6, Government Code, is amended |
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by adding Chapter 619 to read as follows: |
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CHAPTER 619. VERIFICATION OF EMPLOYEE INFORMATION |
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Sec. 619.001. DEFINITIONS. In this chapter: |
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(1) "Federal work authorization program" means a work |
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authorization program operated by the United States Department of |
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Homeland Security to verify information of newly hired employees |
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under the federal Immigration Reform and Control Act of 1986 (Pub. |
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L. No. 99-603). |
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(2) "Governmental entity" means: |
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(A) the state; or |
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(B) a political subdivision of the state, |
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including a municipality, a county, or any kind of district. |
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Sec. 619.002. VERIFICATION. A governmental entity shall |
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register and participate in the federal work authorization program |
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to verify information of all new employees. |
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Sec. 619.003. RULES. The Texas Workforce Commission shall |
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adopt rules and prescribe forms to implement this chapter. |
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Sec. 619.004. TERMINATION OF EMPLOYMENT. An employee of a |
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governmental entity who is responsible for verifying information of |
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new employees of the governmental entity as required by Section |
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619.002 is subject to immediate termination of employment if the |
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employee fails to comply with that section. |
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SECTION 2. Chapter 2252, Government Code, is amended by |
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adding Subchapter F to read as follows: |
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SUBCHAPTER F. FEDERAL WORK AUTHORIZATION PROGRAM |
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Sec. 2252.151. DEFINITIONS. In this subchapter: |
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(1) "Federal work authorization program" means a work |
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authorization program operated by the United States Department of |
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Homeland Security to verify information of newly hired employees |
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under the federal Immigration Reform and Control Act of 1986 (Pub. |
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L. No. 99-603). |
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(2) "Governmental entity" means: |
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(A) the state; or |
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(B) a political subdivision of the state, |
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including a municipality, a county, or any kind of district. |
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Sec. 2252.152. VERIFICATION. (a) A governmental entity |
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may not award a contract for goods or services within this state to |
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a contractor unless the contractor registers and participates in |
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the federal work authorization program to verify information of all |
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new employees. The contractor must continue to participate in the |
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program during the term of the contract. |
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(b) Each contract with a governmental entity must include |
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the following statement: |
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"______________ (name of contractor) certifies that |
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__________ (name of contractor) is not ineligible to receive this |
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contract under Subchapter F, Chapter 2252, Government Code, and |
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acknowledges that if this certification is inaccurate or becomes |
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inaccurate during the term of the contract, the contract will be |
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terminated without payment and a civil penalty may be imposed." |
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(c) If a governmental entity determines that a contractor |
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was ineligible to have the contract awarded under Subsection (a) or |
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has ceased participation in the federal work authorization program |
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during the term of the contract, the governmental entity shall |
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immediately terminate the contract without further obligation to |
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the contractor. |
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(d) Each governmental entity shall develop procedures for |
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the administration of this section. |
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Sec. 2252.153. CIVIL PENALTY. (a) The attorney general may |
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institute an action in district court to recover a civil penalty |
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against a person who is awarded a contract in violation of Section |
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2252.152 or has ceased participation in the federal work |
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authorization program during the term of the contract. |
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(b) A civil penalty imposed under this section may not |
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exceed $500 or one percent of the contract price, whichever is |
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greater, for each violation. Each day a contractor holds the |
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contract while in violation of Section 2252.152 constitutes a |
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separate violation for purposes of imposing the penalty. |
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(c) A civil penalty recovered in an action brought by the |
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attorney general shall be deposited in the state treasury. |
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SECTION 3. Subchapter F, Chapter 2252, Government Code, as |
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added by this Act, applies only in relation to a contract for which |
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the request for bids or proposals or other applicable expressions |
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of interest is made public on or after the effective date of this |
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Act. |
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SECTION 4. This Act takes effect September 1, 2007. |