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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 verify employee information through the |
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federal work authorization program. |
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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; |
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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; or |
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(C) an institution, board, commission, office, |
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department, court, or other agency: |
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(i) in the executive, judicial, or |
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legislative branch of state government, including an institution of |
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higher education as defined by Section 61.003, Education Code; or |
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(ii) of a political subdivision of the |
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state. |
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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. The |
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Texas Workforce Commission shall publish the rules on the |
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commission's website. |
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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; |
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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; or |
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(C) an institution, board, commission, office, |
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department, court, or other agency: |
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(i) in the executive, judicial, or |
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legislative branch of state government, including an institution of |
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higher education as defined by Section 61.003, Education Code; or |
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(ii) of a political subdivision of the |
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state. |
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Sec. 2252.152. VERIFICATION. (a) A governmental entity |
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may not enter into a contract for goods or services within this |
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state with a contractor unless the contractor registers and |
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participates in the federal work authorization program to verify |
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information of all new employees. |
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(b) A contractor under a contract with a governmental entity |
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may not enter into a contract with a subcontractor or staffing |
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agency for goods or services that is to be physically performed in |
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this state unless the subcontractor or staffing agency registers |
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and participates in the federal work authorization program to |
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verify information of all new employees. |
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Sec. 2252.153. RULES. (a) Except as provided by Subsection |
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(b), the Texas Workforce Commission shall adopt rules and prescribe |
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forms to implement this subchapter. The Texas Workforce Commission |
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shall publish the rules on the commission's website. |
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(b) The Texas Department of Transportation shall adopt |
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rules and prescribe forms relating to state highway contracts to |
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implement this subchapter. The Texas Department of Transportation |
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shall publish the rules on the department's website. |
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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 or |
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contract extension made on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2007. |