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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions in connection with public subsidies and |
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contracts awarded to businesses that employ undocumented workers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 2264, Government Code, is |
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amended to read as follows: |
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CHAPTER 2264. RESTRICTIONS ON USE OF CERTAIN PUBLIC SUBSIDIES AND |
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ON CERTAIN PUBLIC CONTRACTS |
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SECTION 2. Section 2264.001, Government Code, is amended by |
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adding Subdivision (1-a) and amending Subdivision (4) to read as |
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follows: |
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(1-a) "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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(4) "Undocumented worker" means an individual who, at |
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the time of employment, is not: |
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(A) lawfully admitted for permanent residence to |
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the United States under an Act that is enacted by the United States |
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Congress and becomes law; or |
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(B) authorized under a law enacted by the United |
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States Congress to be employed in that manner in the United States. |
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SECTION 3. Section 2264.052, Government Code, is amended to |
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read as follows: |
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Sec. 2264.052. CONDITION ON RECEIPT OF PUBLIC SUBSIDIES. |
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(a) The statement required by Section 2264.051 must state that if, |
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after receiving a public subsidy, the business, or a branch, |
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division, or department of the business, is convicted of a |
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violation under 8 U.S.C. Section 1324a(f), the business shall repay |
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the full amount and value of the public subsidy, including tax |
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refunds and tax rebates, with interest, at the rate and according to |
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the other terms provided by an agreement under Section 2264.053, |
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not later than the 120th day after the date the public agency, state |
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or local taxing jurisdiction, or economic development corporation |
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notifies the business of the violation. |
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(b) Notwithstanding Subsection (a), a business is not |
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required to repay the public subsidy as provided by that subsection |
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if the business used and reasonably relied on the E-verify program |
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before employing an undocumented worker. |
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SECTION 4. Subchapter B, Chapter 2264, Government Code, is |
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amended by adding Section 2264.054 to read as follows: |
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Sec. 2264.054. ADDITIONAL RESTRICTIONS. (a) This section |
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applies only to a business that is required to repay a public |
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subsidy under Section 2264.052. |
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(b) A public agency, state or local taxing jurisdiction, or |
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economic development corporation may not provide a public subsidy |
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or award a public contract to a business to which this section |
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applies before the second anniversary of the last day by which the |
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business is required to repay the public subsidy as prescribed by |
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Section 2254.052(a). |
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SECTION 5. The changes in law made by this Act apply only to |
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a public subsidy awarded on or after the effective date of this Act. |
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A public subsidy awarded before the effective date of this Act is |
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governed by the law in effect on the date the public subsidy was |
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awarded, and the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2015. |