84R7619 DDT-D
 
  By: King of Taylor H.B. No. 2834
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to restrictions in connection with public subsidies and
  contracts awarded to businesses that employ undocumented workers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 2264, Government Code, is
  amended to read as follows:
  CHAPTER 2264. RESTRICTIONS ON USE OF CERTAIN PUBLIC SUBSIDIES AND
  ON CERTAIN PUBLIC CONTRACTS
         SECTION 2.  Section 2264.001, Government Code, is amended by
  adding Subdivision (1-a) and amending Subdivision (4) to read as
  follows:
               (1-a)  "E-verify program" means the electronic
  verification of employment 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 employment authorization program designated by the
  United States Department of Homeland Security or other federal
  agency authorized to verify the employment authorization status of
  newly hired employees under the federal Immigration Reform and
  Control Act of 1986 (8 U.S.C. Section 1101 et seq.).
               (4)  "Undocumented worker" means an individual who, at
  the time of employment, is not:
                     (A)  lawfully admitted for permanent residence to
  the United States under an Act that is enacted by the United States
  Congress and becomes law; or
                     (B)  authorized under a law enacted by the United
  States Congress to be employed in that manner in the United States.
         SECTION 3.  Section 2264.052, Government Code, is amended to
  read as follows:
         Sec. 2264.052.  CONDITION ON RECEIPT OF PUBLIC SUBSIDIES.
  (a)  The statement required by Section 2264.051 must state that if,
  after receiving a public subsidy, the business, or a branch,
  division, or department of the business, is convicted of a
  violation under 8 U.S.C. Section 1324a(f), the business shall repay
  the full amount and value of the public subsidy, including tax
  refunds and tax rebates, with interest, at the rate and according to
  the other terms provided by an agreement under Section 2264.053,
  not later than the 120th day after the date the public agency, state
  or local taxing jurisdiction, or economic development corporation
  notifies the business of the violation.
         (b)  Notwithstanding Subsection (a), a business is not
  required to repay the public subsidy as provided by that subsection
  if the business used and reasonably relied on the E-verify program
  before employing an undocumented worker.
         SECTION 4.  Subchapter B, Chapter 2264, Government Code, is
  amended by adding Section 2264.054 to read as follows:
         Sec. 2264.054.  ADDITIONAL RESTRICTIONS. (a) This section
  applies only to a business that is required to repay a public
  subsidy under Section 2264.052.
         (b)  A public agency, state or local taxing jurisdiction, or
  economic development corporation may not provide a public subsidy
  or award a public contract to a business to which this section
  applies before the second anniversary of the last day by which the
  business is required to repay the public subsidy as prescribed by
  Section 2254.052(a). 
         SECTION 5.  The changes in law made by this Act apply only to
  a public subsidy awarded on or after the effective date of this Act.  
  A public subsidy awarded before the effective date of this Act is
  governed by the law in effect on the date the public subsidy was
  awarded, and the former law is continued in effect for that purpose.
         SECTION 6.  This Act takes effect September 1, 2015.