80R1848 MTB-D

By: Carona S.B. No. 116

A BILL TO BE ENTITLED

AN ACT

relating to requiring governmental entities and contractors with governmental entities to participate in the federal work authorization program; providing a penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle A, Title 6, Government Code, is amended by adding Chapter 619 to read as follows:

CHAPTER 619. VERIFICATION OF EMPLOYEE INFORMATION

Sec. 619.001. DEFINITIONS. In this chapter:

(1) "Federal work authorization program" means a work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees under the federal Immigration Reform and Control Act of 1986 (Pub. L. No. 99-603).

(2) "Governmental entity" means:

(A) the state; or

(B) a political subdivision of the state, including a municipality, a county, or any kind of district.

Sec. 619.002. VERIFICATION. A governmental entity shall register and participate in the federal work authorization program to verify information of all new employees.

Sec. 619.003. RULES. The Texas Workforce Commission shall adopt rules and prescribe forms to implement this chapter.

Sec. 619.004. TERMINATION OF EMPLOYMENT. An employee of a governmental entity who is responsible for verifying information of new employees of the governmental entity as required by Section 619.002 is subject to immediate termination of employment if the employee fails to comply with that section.

SECTION 2. Chapter 2252, Government Code, is amended by adding Subchapter F to read as follows:

SUBCHAPTER F. FEDERAL WORK AUTHORIZATION PROGRAM

Sec. 2252.151. DEFINITIONS. In this subchapter:

(1) "Federal work authorization program" means a work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees under the federal Immigration Reform and Control Act of 1986 (Pub. L. No. 99-603).

(2) "Governmental entity" means:

(A) the state; or

(B) a political subdivision of the state, including a municipality, a county, or any kind of district.

Sec. 2252.152. VERIFICATION. (a) A governmental entity may not award a contract for goods or services within this state to a contractor unless the contractor registers and participates in the federal work authorization program to verify information of all new employees. The contractor must continue to participate in the program during the term of the contract.

(b) Each contract with a governmental entity must include the following statement:

"______________ (name of contractor) certifies that __________ (name of contractor) is not ineligible to receive this contract under Subchapter F, Chapter 2252, Government Code, and acknowledges that if this certification is inaccurate or becomes inaccurate during the term of the contract, the contract will be terminated without payment and a civil penalty may be imposed."

(c) If a governmental entity determines that a contractor was ineligible to have the contract awarded under Subsection (a) or has ceased participation in the federal work authorization program during the term of the contract, the governmental entity shall immediately terminate the contract without further obligation to the contractor.

(d) Each governmental entity shall develop procedures for the administration of this section.

Sec. 2252.153. CIVIL PENALTY. (a) The attorney general may institute an action in district court to recover a civil penalty against a person who is awarded a contract in violation of Section 2252.152 or has ceased participation in the federal work authorization program during the term of the contract.

(b) A civil penalty imposed under this section may not exceed $500 or one percent of the contract price, whichever is greater, for each violation. Each day a contractor holds the contract while in violation of Section 2252.152 constitutes a separate violation for purposes of imposing the penalty.

(c) A civil penalty recovered in an action brought by the attorney general shall be deposited in the state treasury.

SECTION 3. Subchapter F, Chapter 2252, Government Code, as added by this Act, applies only in relation to a contract for which the request for bids or proposals or other applicable expressions of interest is made public on or after the effective date of this Act.

SECTION 4. This Act takes effect September 1, 2007.