Bill Text: TX HB140 | 2011-2012 | 82nd Legislature | Introduced

---

Bill Title: Relating to requiring state contractors and grant recipients to participate in the federal electronic verification of work authorization program, or E-verify; adding a civil penalty.

Sponsorship: Partisan Bill (Republican 4)

Status: (Introduced - Dead) 2011-02-11 - Referred to State Affairs [HB140 Detail]

Download: Texas-2011-HB140-Introduced.html

---

82R509 MTB-D
By: Laubenberg H.B. No. 140

A BILL TO BE ENTITLED
AN ACT
relating to requiring state contractors and grant recipients to
participate in the federal electronic verification of work
authorization program, or E-verify; adding a civil penalty.
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 AND GRANTS
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" means the electronic
verification of work authorization program of the federal Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (Pub.
L. No. 104-208, reprinted in note, 8 U.S.C. Section 1324a),
operated by the United States Department of Homeland Security, or a
successor work authorization program designated by the United
States Department of Homeland Security or other federal agency
authorized to verify the work authorization status of newly hired
employees pursuant to the federal Immigration Reform and Control
Act of 1986 (8 U.S.C. Section 1101 et seq.).
(2) "Grant" has the meaning assigned by Section
441.010.
(3) "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 contract may be
terminated without payment and a civil penalty may be imposed."
(c) If a state agency determines that a contractor was
ineligible to have the contract awarded under Subsection (a) or has
ceased participation in the E-verify program during the term of the
contract, the state agency shall refer the matter to the attorney
general for action and shall notify the contractor in writing that
the contractor must register with and participate in the E-verify
program before the 31st day after the date the contractor is
notified.
(d) The state agency shall terminate the contract without
penalty or further obligation to the contractor on the 31st day
after the date the contractor is notified under Subsection (c) if,
before that date, the contractor has not provided evidence that the
contractor has registered with and is participating in the E-verify
program.
(e) Each state agency shall develop procedures for the
administration of this section.
Sec. 2264.103. VERIFICATION BY GRANT RECIPIENTS. (a) A
state agency may not award a grant unless the grant recipient
registers with and participates in the E-verify program to verify
employee information. The grant recipient must continue to
participate in the program during the funding period of the grant.
(b) Each grant contract or agreement with a state agency
must include the following statement:
"______________ (name of grant recipient) certifies that
__________ (name of grant recipient) is not ineligible to receive
this grant under Subchapter C, Chapter 2264, Government Code, and
acknowledges that if this certification is inaccurate or becomes
inaccurate during the funding period of the grant, the grant may be
terminated without further payment and a civil penalty may be
imposed."
(c) If a state agency determines that a grant recipient was
ineligible to have the grant awarded under Subsection (a) or has
ceased participation in the E-verify program during the funding
period of the grant, the state agency shall refer the matter to the
attorney general for action and shall notify the grant recipient in
writing that the grant recipient must register with and participate
in the E-verify program before the 31st day after the date the grant
recipient is notified.
(d) The state agency shall terminate the grant without
further obligation to the grant recipient on the 31st day after the
date the grant recipient is notified under Subsection (c) if,
before that date, the grant recipient has not provided evidence
that the grant recipient has registered with and is participating
in the E-verify program.
(e) Each state agency shall develop procedures for the
administration of this section.
Sec. 2264.104. CIVIL PENALTY. (a) The attorney general may
institute an action in district court to recover a civil penalty
against a:
(1) contractor who is awarded a contract in violation
of Section 2264.102 or has ceased participation in the E-verify
program during the term of the contract; or
(2) grant recipient who is awarded a grant in
violation of Section 2264.103 or has ceased participation in the
E-verify program during the funding period of the grant.
(b) A civil penalty imposed under this section against a
contractor may not exceed $500 or one percent of the contract price,
whichever is greater, for each violation. A civil penalty imposed
under this section against a grant recipient may not exceed $500 or
one percent of the grant amount or value, whichever is greater, for
each violation.
(c) Each day a contractor or grant recipient holds the
contract or grant, as applicable, while in violation of this
subchapter constitutes a separate violation for purposes of
imposing the penalty.
(d) A civil penalty recovered in an action brought by the
attorney general shall be deposited in the state treasury.
SECTION 5. Sections 2264.1011, 2264.102, 2264.103, and
2264.104, Government Code, as added by this Act, apply only in
relation to a:
(1) contract for which the request for bids or
proposals or other applicable expressions of interest is made
public on or after the effective date of this Act; and
(2) grant for which the notice of funds availability
or of funding opportunity is made public on or after the effective
date of this Act.
SECTION 6. This Act takes effect September 1, 2011.