82R1905 MTB-D
 
  By: Nelson S.B. No. 84
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring governmental entities and contractors with
  governmental entities to participate in the federal electronic
  verification of work authorization program, or E-verify.
         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)  "E-verify program" means the electronic
  verification of work authorization program of the federal Illegal
  Immigration Reform and Immigrant Responsibility Act of 1996 (Pub.
  L. No. 104-208, reprinted in note, 8 U.S.C. Section 1324a),
  operated by the United States Department of Homeland Security, or a
  successor work authorization program designated by the United
  States Department of Homeland Security or other federal agency
  authorized to verify the work authorization status of newly hired
  employees pursuant to the federal Immigration Reform and Control
  Act of 1986 (8 U.S.C. Section 1101 et seq.).
               (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 E-verify 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.  The heading to Chapter 2264, Government Code, is
  amended to read as follows:
  CHAPTER 2264. CERTAIN RESTRICTIONS ON [USE OF CERTAIN] PUBLIC
  SUBSIDIES AND GOVERNMENTAL CONTRACTS
         SECTION 3.  Section 2264.101, Government Code, is
  transferred to Subchapter B, Chapter 2264, Government Code,
  redesignated as Section 2264.054, Government Code, and amended to
  read as follows:
         Sec. 2264.054  [2264.101].  RECOVERY. (a)  A public
  agency, local taxing jurisdiction, or economic development
  corporation, or the attorney general on behalf of the state or a
  state agency, may bring a civil action to recover any amounts owed
  to the public agency, state or local taxing jurisdiction, or
  economic development corporation under this subchapter [chapter].
         (b)  The public agency, local taxing jurisdiction, economic
  development corporation, or attorney general, as applicable, shall
  recover court costs and reasonable attorney's fees incurred in an
  action brought under Subsection (a).
         (c)  A business is not liable for a violation of this
  subchapter [chapter] by a subsidiary, affiliate, or franchisee of
  the business, or by a person with whom the business contracts.
         SECTION 4.  The heading to Subchapter C, Chapter 2264,
  Government Code, is amended to read as follows:
  SUBCHAPTER C. E-VERIFY PROGRAM [ENFORCEMENT]
         SECTION 5.  Subchapter C, Chapter 2264, Government Code, is
  amended by adding Sections 2264.1011 and 2264.102 to read as
  follows:
         Sec. 2264.1011.  DEFINITIONS. In this subchapter:
               (1)  "E-verify program" means the electronic
  verification of work authorization program of the federal Illegal
  Immigration Reform and Immigrant Responsibility Act of 1996 (Pub.
  L. No. 104-208, reprinted in note, 8 U.S.C. Section 1324a),
  operated by the United States Department of Homeland Security, or a
  successor work authorization program designated by the United
  States Department of Homeland Security or other federal agency
  authorized to verify the work authorization status of newly hired
  employees pursuant to the federal Immigration Reform and Control
  Act of 1986 (8 U.S.C. Section 1101 et seq.).
               (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. 2264.102.  VERIFICATION. (a) A governmental entity
  may not award a contract for goods or services within this state to
  a contractor unless the contractor and any subcontractor register
  with and participate in the E-verify program to verify information
  of all new employees. The contractor and any subcontractor 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 C, Chapter 2264, Government Code, and
  acknowledges that if this certification is inaccurate or becomes
  inaccurate during the term of the contract, the contract may be
  terminated without payment."
         (c)  The governmental entity shall terminate the contract
  without penalty or further obligation to the contractor if the
  governmental entity determines that:
               (1)  the contractor was ineligible to have the contract
  awarded under Subsection (a) or has ceased participation in the
  E-verify program during the term of the contract; and
               (2)  the governmental entity can re-award the contract
  without additional cost to the governmental entity.
         (d)  If a contractor determines that a subcontractor has not
  registered with or is not participating in the E-verify program
  during the term of the contract, the contractor may not allow the
  subcontractor to participate further on work under the contract. A
  governmental entity may not terminate the contract because of
  subcontractor noncompliance if the contractor complies with this
  subsection.
         (e)  Each governmental entity shall develop procedures for
  the administration of this section.
         SECTION 6.  Sections 2264.1011 and 2264.102, Government
  Code, as added by this Act, apply 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 7.  This Act takes effect September 1, 2011.