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A BILL TO BE ENTITLED
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AN ACT
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relating to the participation of governmental entities and other |
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employers in a federal work eligibility verification program; |
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establishing an unlawful employment practice. |
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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) "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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(2) "Status verification system" means: |
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(A) the electronic verification of work |
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authorization program of Section 403(a) of the federal Illegal |
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Immigration Reform and Immigrant Responsibility Act of 1996 (Pub. |
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L. No. 104-208, reprinted in note, 8 U.S.C. Section 1324a), |
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operated by the United States Department of Homeland Security and |
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known as the Basic Pilot Program or E-Verify; or |
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(B) any other federal verification program |
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designated by the United States Department of Homeland Security or |
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any other federal agency authorized to verify the work eligibility |
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status of newly hired employees under the federal Immigration |
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Reform and Control Act of 1986 (Pub. L. No. 99-603). |
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Sec. 619.002. VERIFICATION. A governmental entity shall |
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register with and participate in a status verification system to |
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verify the federal employment authorization status of all new |
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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 proposed and adopted |
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rules on the commission's website as well as in the Texas Register. |
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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. STATUS VERIFICATION SYSTEM |
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Sec. 2252.151. DEFINITIONS. In this subchapter: |
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(1) "Governmental entity" has the meaning assigned by |
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Section 619.001. |
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(2) "Status verification system" means an electronic |
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system operated by the federal government through which a |
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governmental entity may make an inquiry, by exercise of authority |
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delegated under 8 U.S.C. Section 1373, to verify or ascertain the |
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citizenship or immigration status of an individual. The term |
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includes: |
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(A) the electronic verification of work |
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authorization program of Section 403(a) of the federal Illegal |
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Immigration Reform and Immigrant Responsibility Act of 1996 (Pub. |
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L. No. 104-208, reprinted in note, 8 U.S.C. Section 1324a), |
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operated by the United States Department of Homeland Security and |
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known as the Basic Pilot Program or E-Verify; |
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(B) any federal verification program designated |
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by the United States Department of Homeland Security or any other |
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federal agency authorized to verify the work eligibility status of |
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newly hired employees under the federal Immigration Reform and |
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Control Act of 1986 (Pub. L. No. 99-603); |
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(C) any other independent, third-party system |
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with an equal or higher degree of reliability as the other programs, |
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systems, or processes described in this subdivision; and |
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(D) the Social Security Number Verification |
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Service or another similar online verification process implemented |
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by the United States Social Security Administration. |
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(3) "Subcontractor" includes a contract employee and |
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staffing agency. |
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Sec. 2252.152. VERIFICATION. (a) A governmental entity |
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may not enter into a contract for the physical performance of |
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services within this state with a contractor unless the contractor |
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registers with and participates in a status verification system to |
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verify the work eligibility status of all new employees. |
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(b) A contractor may not enter into a contract with a |
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governmental entity for the physical performance of services in |
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this state unless the contractor and all subcontractors under the |
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contract register with and participate in a status verification |
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system to verify the work eligibility status of all new employees. |
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Sec. 2252.153. RULES. The Texas Workforce Commission shall |
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adopt rules and prescribe forms to implement this subchapter. The |
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Texas Workforce Commission shall publish the proposed and adopted |
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rules on the commission's website as well as in the Texas Register. |
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SECTION 3. Subchapter B, Chapter 21, Labor Code, is amended |
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by adding Section 21.062 to read as follows: |
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Sec. 21.062. DISCRIMINATION BASED ON NATIONAL ORIGIN. (a) |
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In this section: |
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(1) "Status verification system" has the meaning |
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assigned by Section 619.001, Government Code. |
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(2) "Unauthorized alien" has the meaning assigned by 8 |
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U.S.C. Section 1324a(h)(3). |
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(b) An employer commits an unlawful employment practice if |
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the employer discharges an employee working in this state who is a |
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United States citizen or permanent resident alien while retaining |
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an employee who the employer knows or reasonably should know is an |
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unauthorized alien who is working in this state in a job category: |
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(1) that requires equal skill, effort, and |
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responsibility as the job category held by the discharged employee; |
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and |
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(2) under which work is performed in similar working |
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conditions as in the job category held by the discharged employee. |
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(c) An employer who was enrolled in and used a status |
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verification system to verify the employment eligibility of its |
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employees in this state on the date of the discharge described by |
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Subsection (b) is exempt from liability, investigation, or suit |
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arising under this section. |
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SECTION 4. (a) Subchapter F, Chapter 2252, Government |
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Code, as added by this Act, applies only in relation to a contract |
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or contract extension made on or after the effective date of this |
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Act. |
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(b) Section 21.062, Labor Code, as added by this Act, |
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applies to conduct of an employer occurring on or after the |
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effective date of this Act. Conduct occurring before that date is |
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governed by the law in effect on the date the conduct occurred, and |
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the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |