Bill Text: TX HB1336 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to requiring state contractors and political subdivisions of this state to participate in the federal electronic verification of employment authorization program, or E-verify.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-05 - Referred to State Affairs [HB1336 Detail]
Download: Texas-2021-HB1336-Introduced.html
87R5986 KSD-D | ||
By: Pacheco | H.B. No. 1336 |
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relating to requiring state contractors and political subdivisions | ||
of this state 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 [ |
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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 [ |
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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 [ |
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(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 [ |
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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 [ |
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SECTION 4. Subchapter C, Chapter 2264, Government Code, is | ||
amended by adding Sections 2264.1011, 2264.102, and 2264.103 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 and any subcontractor | ||
register with and participate in the E-verify program to verify | ||
employee information. The contractor and any subcontractor 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), that | ||
a contractor has ceased participation in the E-verify program | ||
during the term of the contract, or that a subcontractor is not | ||
registered with or is not participating in the E-verify program, | ||
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 the | ||
comptroller determines that the contractor: | ||
(1) was awarded a contract in violation of Section | ||
2264.102; | ||
(2) has ceased participation in the E-verify program | ||
during the term of the contract; or | ||
(3) hired a subcontractor to perform work under the | ||
contract who is not registered with or is not participating in the | ||
E-verify program. | ||
(b) Debarment under this section is for a period of one year | ||
except that the debarment may be extended by the comptroller for | ||
additional one-year periods if the comptroller determines that the | ||
grounds for debarment under this section continue to exist. | ||
SECTION 5. Subtitle C, Title 5, Local Government Code, is | ||
amended by adding Chapter 179 to read as follows: | ||
CHAPTER 179. VERIFICATION OF EMPLOYEE INFORMATION | ||
Sec. 179.001. DEFINITIONS. In this chapter: | ||
(1) "E-verify program" has the meaning assigned by | ||
Section 673.001, Government Code. | ||
(2) "Political subdivision" means a county, | ||
municipality, school district, junior college district, other | ||
special district, or other subdivision of state government. | ||
Sec. 179.002. VERIFICATION. A political subdivision shall | ||
register and participate in the E-verify program to verify | ||
information of all new employees. | ||
Sec. 179.003. TERMINATION OF EMPLOYMENT. An employee of a | ||
political subdivision who is responsible for verifying information | ||
of new employees of the political subdivision as required by | ||
Section 179.002 is subject to immediate termination of employment | ||
if the employee fails to comply with that section. | ||
SECTION 6. 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, | ||
2021. | ||
SECTION 7. 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 8. This Act takes effect September 1, 2021. |