Bill Text: TX HB676 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to requiring state contractors to participate in the federal electronic verification of work authorization program, or E-verify.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2013-02-18 - Referred to State Affairs [HB676 Detail]

Download: Texas-2013-HB676-Introduced.html

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83R4331 MTB-D
By: Ratliff H.B. No. 676

A BILL TO BE ENTITLED
AN ACT
relating to requiring state contractors to participate in the
federal electronic verification of work 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 and 2264.102 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) "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."
(c) The state agency shall terminate the contract without
penalty or further obligation to the contractor if the state agency
determines that:
(1) the 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; and
(2) the state agency can re-award the contract without
additional cost to the state agency.
(d) Each state agency shall develop procedures for the
administration of this section.
SECTION 5. Sections 2264.1011 and 2264.102, 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
expressions of interest is made public on or after the effective
date of this Act.
SECTION 6. This Act takes effect September 1, 2013.