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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring state contractors to participate in the |
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federal electronic verification of employment authorization |
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program, or E-verify. |
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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. CERTAIN RESTRICTIONS ON [USE OF CERTAIN] PUBLIC |
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SUBSIDIES AND STATE CONTRACTS |
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SECTION 2. 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 agency, |
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local taxing jurisdiction, or economic development corporation, or |
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the attorney general on behalf of the state or a state agency, may |
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bring a civil action to recover any amounts owed to the public |
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agency, state or local taxing jurisdiction, or economic development |
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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 3. 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 4. 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" has the meaning assigned by |
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Section 673.001. |
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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 registers with and |
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participates in the E-verify program to verify employee |
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information. The contractor must continue to participate in the |
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program during the term of the contract. |
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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 or becomes |
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inaccurate during the term of the contract, the contractor may be |
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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) or |
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that a contractor has ceased participation in the E-verify program |
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during the term of the contract, the state agency shall refer the |
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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 a |
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state agency under Section 2264.102 determines that the contractor: |
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(1) was awarded a contract in violation of Section |
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2264.102; or |
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(2) has ceased participation in the E-verify program |
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during the term of the contract. |
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(b) Debarment under this section is for a period of up to |
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five years. |
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(c) A contractor who registers with and participates in the |
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E-verify program as provided by Section 2264.102 may not be barred |
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under this section if, as a result of receiving inaccurate |
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verification information from the E-verify program, the contractor |
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hires or employs a person in violation of 8 U.S.C. Section 1324a. |
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Sec. 2264.104. AFFIRMATIVE DEFENSE; DISCRIMINATION |
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PROHIBITED. (a) It is an affirmative defense to a civil action for |
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damages or the imposition of a civil penalty for an employer's |
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refusal to hire or employ a person based on the employer's |
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participation in the E-verify program as required by this |
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subchapter that the employer participated in the E-verify program |
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in accordance with the rules and guidelines of the program and |
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received inaccurate information. |
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(b) This section may not be construed to allow intentional |
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discrimination of any class protected by law. |
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SECTION 5. Section 81.072, Natural Resources Code, and |
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Section 223.051, Transportation Code, as added by Chapter 533 (S.B. |
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312), Acts of the 85th Legislature, Regular Session, 2017, are |
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repealed. |
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SECTION 6. Each state agency subject to Subchapter C, |
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Chapter 2264, Government Code, as amended by this Act, shall |
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develop the procedures required under Section 2264.102(d), |
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Government Code, as added by this Act, not later than October 1, |
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2019. |
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SECTION 7. Sections 2264.1011, 2264.102, and 2264.103, |
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Government Code, as added by this Act, apply only in relation to a |
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contract for which the request for bids or proposals or other |
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applicable expression of interest is made public on or after the |
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effective date of this Act. |
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SECTION 8. This Act takes effect September 1, 2019. |