| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to requiring state contractors to participate in the |
|
|
federal electronic verification of employment authorization |
|
|
program, or E-verify. |
|
|
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. CERTAIN RESTRICTIONS ON [USE OF CERTAIN] PUBLIC |
|
|
SUBSIDIES AND STATE CONTRACTS |
|
|
SECTION 2. 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 3. The heading to Subchapter C, Chapter 2264, |
|
|
Government Code, is amended to read as follows: |
|
|
SUBCHAPTER C. E-VERIFY PROGRAM [ENFORCEMENT] |
|
|
SECTION 4. Subchapter C, Chapter 2264, Government Code, is |
|
|
amended by adding Sections 2264.1011, 2264.102, 2264.103, and |
|
|
2264.104 to read as follows: |
|
|
Sec. 2264.1011. DEFINITIONS. In this subchapter: |
|
|
(1) "E-verify program" has the meaning assigned by |
|
|
Section 673.001. |
|
|
(2) "State agency" has the meaning assigned by Section |
|
|
2103.001. |
|
|
Sec. 2264.102. VERIFICATION BY CONTRACTORS. (a) A state |
|
|
agency may not award a contract for goods or services within this |
|
|
state to a contractor unless the contractor registers with and |
|
|
participates in the E-verify program to verify employee |
|
|
information. The contractor must continue to participate in the |
|
|
program during the term of the contract. |
|
|
(b) Each contract with a state agency 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 contractor may be |
|
|
barred from participating in state contracts." |
|
|
(c) If a state agency determines that a contractor was |
|
|
ineligible to have the contract awarded under Subsection (a) or |
|
|
that a contractor has ceased participation in the E-verify program |
|
|
during the term of the contract, the state agency shall refer the |
|
|
matter to the comptroller for action. |
|
|
(d) Each state agency shall develop procedures for the |
|
|
administration of this section. |
|
|
Sec. 2264.103. BARRING FROM STATE CONTRACTS. (a) Using |
|
|
procedures prescribed under Section 2155.077, the comptroller |
|
|
shall bar a contractor from participating in state contracts if a |
|
|
state agency under Section 2264.102 determines that the contractor: |
|
|
(1) was awarded a contract in violation of Section |
|
|
2264.102; or |
|
|
(2) has ceased participation in the E-verify program |
|
|
during the term of the contract. |
|
|
(b) Debarment under this section is for a period of up to |
|
|
five years. |
|
|
(c) A contractor who registers with and participates in the |
|
|
E-verify program as provided by Section 2264.102 may not be barred |
|
|
under this section if, as a result of receiving inaccurate |
|
|
verification information from the E-verify program, the contractor |
|
|
hires or employs a person in violation of 8 U.S.C. Section 1324a. |
|
|
Sec. 2264.104. AFFIRMATIVE DEFENSE; DISCRIMINATION |
|
|
PROHIBITED. (a) It is an affirmative defense to a civil action for |
|
|
damages or the imposition of a civil penalty for an employer's |
|
|
refusal to hire or employ a person based on the employer's |
|
|
participation in the E-verify program as required by this |
|
|
subchapter that the employer participated in the E-verify program |
|
|
in accordance with the rules and guidelines of the program and |
|
|
received inaccurate information. |
|
|
(b) Nothing in this section may be construed to allow |
|
|
intentional discrimination of any class protected by law. |
|
|
SECTION 5. Each state agency subject to Subchapter C, |
|
|
Chapter 2264, Government Code, as amended by this Act, shall |
|
|
develop the procedures required under Section 2264.102(d), |
|
|
Government Code, as added by this Act, not later than October 1, |
|
|
2017. |
|
|
SECTION 6. Sections 2264.1011, 2264.102, and 2264.103, |
|
|
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 expression of interest is made public on or after the |
|
|
effective date of this Act. |
|
|
SECTION 7. This Act takes effect September 1, 2017. |