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A BILL TO BE ENTITLED
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AN ACT
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relating to the verification of employment authorization by |
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governmental entities, state contractors, and state grant |
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recipients, including the use of the federal E-verify 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) "E-verify program" means the electronic |
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verification of employment authorization program of the federal |
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Illegal Immigration Reform and Immigrant Responsibility Act of 1996 |
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(Pub. 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, or a |
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successor employment authorization program designated by the |
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United States Department of Homeland Security or other federal |
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agency authorized to verify the employment authorization status of |
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newly hired employees under the federal Immigration Reform and |
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Control Act of 1986 (8 U.S.C. Section 1101 et seq.). |
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(2) "Governmental entity" means: |
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(A) the state; or |
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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. |
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Sec. 619.002. VERIFICATION. A governmental entity shall: |
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(1) register and participate in the E-verify program |
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to verify information of all new employees; or |
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(2) verify the employment authorization status of all |
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new employees by requiring each employee to provide an unexpired |
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United States passport or: |
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(A) one of the following documents: |
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(i) an original or certified copy of a birth |
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certificate issued by a bureau of vital statistics for a state; |
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(ii) a Consular Report of Birth Abroad or |
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Certificate of Birth Abroad issued by the United States Department |
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of State; |
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(iii) a Certificate of United States |
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Citizenship issued by the federal Department of Homeland Security |
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or the United States Department of State including an |
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identification photograph; or |
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(iv) a Certificate of Naturalization issued |
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by the federal Department of Homeland Security or the United States |
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Department of State including an identification photograph; and |
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(B) one of the following documents: |
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(i) an unexpired driver's license or |
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identification card issued by a state; |
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(ii) an unexpired federal, state, or local |
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government identification card; or |
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(iii) an unexpired military identification |
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card for active duty, reserve, or retired personnel with an |
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identification photograph. |
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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. |
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SECTION 2. The heading to Chapter 2264, Government Code, is |
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amended to read as follows: |
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CHAPTER 2264. CERTAIN RESTRICTIONS ON [USE OF CERTAIN] PUBLIC |
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SUBSIDIES AND STATE CONTRACTS |
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SECTION 3. Section 2264.101, Government Code, is |
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transferred to Subchapter B, Chapter 2264, Government Code, |
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redesignated as Section 2264.054, Government Code, and amended to |
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read as follows: |
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Sec. 2264.054 [2264.101]. RECOVERY. (a) A public |
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agency, local taxing jurisdiction, or economic development |
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corporation, or the attorney general on behalf of the state or a |
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state agency, may bring a civil action to recover any amounts owed |
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to the public agency, state or local taxing jurisdiction, or |
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economic development corporation under this subchapter [chapter]. |
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(b) The public agency, local taxing jurisdiction, economic |
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development corporation, or attorney general, as applicable, shall |
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recover court costs and reasonable attorney's fees incurred in an |
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action brought under Subsection (a). |
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(c) A business is not liable for a violation of this |
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subchapter [chapter] by a subsidiary, affiliate, or franchisee of |
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the business, or by a person with whom the business contracts. |
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SECTION 4. The heading to Subchapter C, Chapter 2264, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER C. E-VERIFY PROGRAM [ENFORCEMENT] |
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SECTION 5. Subchapter C, Chapter 2264, Government Code, is |
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amended by adding Sections 2264.1011, 2264.102, 2264.103, and |
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2264.104 to read as follows: |
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Sec. 2264.1011. DEFINITIONS. In this subchapter: |
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(1) "E-verify program" means the electronic |
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verification of employment authorization program of the federal |
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Illegal Immigration Reform and Immigrant Responsibility Act of 1996 |
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|
(Pub. 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, or a |
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successor employment authorization program designated by the |
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|
United States Department of Homeland Security or other federal |
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agency authorized to verify the employment authorization status of |
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newly hired employees under the federal Immigration Reform and |
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Control Act of 1986 (8 U.S.C. Section 1101 et seq.). |
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(2) "State agency" has the meaning assigned by Section |
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2103.001. |
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Sec. 2264.102. VERIFICATION BY CONTRACTORS. (a) A state |
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agency may not award a contract for goods or services within this |
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state to a contractor unless the contractor: |
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(1) registers with and participates in the E-verify |
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program to verify information of all new employees; or |
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(2) verifies the employment authorization status of |
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all new employees by requiring each employee to provide an |
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unexpired United States passport or: |
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(A) one of the following documents: |
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|
(i) an original or certified copy of a birth |
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|
certificate issued by a bureau of vital statistics for a state; |
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(ii) a Consular Report of Birth Abroad or |
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|
Certificate of Birth Abroad issued by the United States Department |
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of State; |
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(iii) a Certificate of United States |
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Citizenship issued by the federal Department of Homeland Security |
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or the United States Department of State including an |
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identification photograph; or |
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(iv) a Certificate of Naturalization issued |
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by the federal Department of Homeland Security or the United States |
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Department of State including an identification photograph; and |
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(B) one of the following documents: |
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(i) an unexpired driver's license or |
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identification card issued by a state; |
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(ii) an unexpired federal, state, or local |
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government identification card; or |
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(iii) an unexpired military identification |
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card for active duty, reserve, or retired personnel with an |
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identification photograph. |
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(b) Each contract with a state agency must include the |
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following statement: |
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"______________ (name of contractor) certifies that |
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__________ (name of contractor) is not ineligible to receive this |
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contract under Subchapter C, Chapter 2264, Government Code, and |
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acknowledges that if this certification is inaccurate, the |
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contractor may be barred from participating in state contracts." |
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(c) If a state agency determines that a contractor was |
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ineligible to have the contract awarded under Subsection (a), the |
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state agency shall refer the matter to the comptroller for action. |
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(d) Each state agency shall develop procedures for the |
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administration of this section. |
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Sec. 2264.103. BARRING FROM STATE CONTRACTS. (a) Using |
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procedures prescribed under Section 2155.077, the comptroller |
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shall bar a contractor from participating in state contracts if the |
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comptroller determines that the contractor was awarded a contract |
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in violation of Section 2264.102. |
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(b) Debarment under this section is for a period of one |
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year. |
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Sec. 2264.104. VERIFICATION BY GRANT RECIPIENTS. (a) A |
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state agency may not award a grant unless the grant recipient: |
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(1) registers with and participates in the E-verify |
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program to verify information of all new employees; or |
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(2) verifies the employment authorization status of |
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all new employees by requiring each employee to provide an |
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|
unexpired United States passport or: |
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|
(A) one of the following documents: |
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|
(i) an original or certified copy of a birth |
|
|
certificate issued by a bureau of vital statistics for a state; |
|
|
(ii) a Consular Report of Birth Abroad or |
|
|
Certificate of Birth Abroad issued by the United States Department |
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|
of State; |
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(iii) a Certificate of United States |
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Citizenship issued by the federal Department of Homeland Security |
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or the United States Department of State including an |
|
|
identification photograph; or |
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(iv) a Certificate of Naturalization issued |
|
|
by the federal Department of Homeland Security or the United States |
|
|
Department of State including an identification photograph; and |
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(B) one of the following documents: |
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(i) an unexpired driver's license or |
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identification card issued by a state; |
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(ii) an unexpired federal, state, or local |
|
|
government identification card; or |
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(iii) an unexpired military identification |
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card for active duty, reserve, or retired personnel with an |
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identification photograph. |
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(b) Each grant contract or agreement with a state agency |
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must include the following statement: |
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"______________ (name of grant recipient) certifies that |
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__________ (name of grant recipient) is not ineligible to receive |
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this grant under Subchapter C, Chapter 2264, Government Code, and |
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acknowledges that if this certification is inaccurate, the grant |
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may be terminated without further payment." |
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(c) If a state agency determines that a grant recipient was |
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ineligible to have the grant awarded under Subsection (a), the |
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state agency shall notify the grant recipient in writing that the |
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grant recipient must comply with Subsection (a) before the 31st day |
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after the date the grant recipient is notified. |
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(d) The state agency shall terminate the grant without |
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further obligation to the grant recipient on the 31st day after the |
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date the grant recipient is notified under Subsection (c) if, |
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before that date, the grant recipient has not provided evidence |
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that the grant recipient has complied with Subsection (a). |
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(e) Each state agency shall develop procedures for the |
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administration of this section. |
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SECTION 6. The Texas Workforce Commission and each state |
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agency subject to Subchapter C, Chapter 2264, Government Code, as |
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amended by this Act, shall develop the rules and procedures |
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required under Sections 619.003, 2264.102(d), and 2264.104(e), |
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Government Code, as added by this Act, as applicable, not later than |
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October 1, 2015. |
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SECTION 7. Sections 2264.1011, 2264.102, 2264.103, and |
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2264.104, Government Code, as added by this Act, apply only in |
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relation to a: |
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(1) contract for which the request for bids or |
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proposals or other applicable expressions of interest is made |
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public on or after the effective date of this Act; and |
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(2) grant for which the notice of funds availability |
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or of funding opportunity is made public on or after the effective |
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date of this Act. |
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SECTION 8. This Act takes effect September 1, 2015. |