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  80R1613 JPL-D
 
  By: Leibowitz H.B. No. 325
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to construction projects employing undocumented workers.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Sections 426.001(b) and (c), Property Code, are
amended to read as follows:
       (b)  This subtitle does not apply to a dispute:
             (1)  arising out of:
                   (A) [(1)]  an alleged violation of Section 27.01,
Business & Commerce Code;
                   (B) [(2)]  a builder's wrongful abandonment of an
improvement project before completion; or
                   (C) [(3)]  a violation of Chapter 162; or
             (2)  in which:
                   
                   (A)  the builder or any subcontractor employs an
undocumented worker for the construction project that is the
subject of the dispute; and
                   (B)  the builder has registered 100 homes or more
with the commission during the commission's previous fiscal year.
       (c)  For the purposes of this section:
             (1)  "Damage[, "damage] to goods" does not include
damage to a home.
             (2)  "Undocumented worker" means a person who is not
lawfully entitled to be present and employed in the United States.
       SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.