Bill Text: TX HB878 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the participation of governmental entities and other employers in a federal work authorization verification program; establishing an unlawful employment practice.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-02-24 - Referred to State Affairs [HB878 Detail]
Download: Texas-2011-HB878-Introduced.html
82R2835 MTB-D | ||
By: Howard of Fort Bend | H.B. No. 878 |
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relating to the participation of governmental entities and other | ||
employers in a federal work authorization verification program; | ||
establishing an unlawful employment practice. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle A, Title 6, Government Code, is amended | ||
by adding Chapter 619 to read as follows: | ||
CHAPTER 619. VERIFICATION OF EMPLOYEE INFORMATION | ||
Sec. 619.001. DEFINITIONS. In this chapter: | ||
(1) "Governmental entity" means: | ||
(A) the state; | ||
(B) a political subdivision of the state, | ||
including a municipality, a county, or any kind of district; or | ||
(C) an institution, board, commission, office, | ||
department, court, or other agency: | ||
(i) in the executive, judicial, or | ||
legislative branch of state government, including an institution of | ||
higher education as defined by Section 61.003, Education Code; or | ||
(ii) of a political subdivision of the | ||
state. | ||
(2) "Status verification system" means: | ||
(A) 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 and known as the Basic Pilot | ||
Program or E-Verify; or | ||
(B) any other federal verification program | ||
designated by the United States Department of Homeland Security or | ||
any other federal agency authorized to verify the work | ||
authorization status of newly hired employees under the federal | ||
Immigration Reform and Control Act of 1986 (8 U.S.C. Section 1101 et | ||
seq.). | ||
Sec. 619.002. VERIFICATION. A governmental entity shall | ||
register with and participate in a status verification system to | ||
verify the federal employment authorization status of all new | ||
employees. | ||
Sec. 619.003. RULES. The Texas Workforce Commission shall | ||
adopt rules and prescribe forms to implement this chapter. The | ||
Texas Workforce Commission shall publish the proposed and adopted | ||
rules on the commission's website as well as in the Texas Register. | ||
SECTION 2. The heading to Chapter 2264, Government Code, is | ||
amended to read as follows: | ||
CHAPTER 2264. CERTAIN RESTRICTIONS ON [ |
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SUBSIDIES AND GOVERNMENTAL CONTRACTS | ||
SECTION 3. 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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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 [ |
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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 4. The heading to Subchapter C, Chapter 2264, | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER C. STATUS VERIFICATION SYSTEM [ |
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SECTION 5. 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) "Governmental entity" has the meaning assigned by | ||
Section 619.001. | ||
(2) "Status verification system" means an electronic | ||
system operated by the federal government through which a | ||
governmental entity may make an inquiry, by exercise of authority | ||
delegated under 8 U.S.C. Section 1373, to verify or ascertain the | ||
citizenship or immigration status of an individual. The term | ||
includes: | ||
(A) 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 and known as the Basic Pilot | ||
Program or E-Verify; | ||
(B) any federal verification program designated | ||
by the United States Department of Homeland Security or any other | ||
federal agency authorized to verify the work authorization status | ||
of newly hired employees under the federal Immigration Reform and | ||
Control Act of 1986 (8 U.S.C. Section 1101 et seq.); | ||
(C) any other independent, third-party system | ||
with an equal or higher degree of reliability as the other programs, | ||
systems, or processes described in this subdivision; and | ||
(D) the Social Security Number Verification | ||
Service or another similar online verification process implemented | ||
by the United States Social Security Administration. | ||
(3) "Subcontractor" includes a contract employee and | ||
staffing agency. | ||
Sec. 2264.102. VERIFICATION. (a) A governmental entity | ||
may not enter into a contract for the physical performance of | ||
services within this state with a contractor unless the contractor | ||
registers with and participates in a status verification system to | ||
verify the work authorization status of all new employees. | ||
(b) A contractor may not enter into a contract with a | ||
governmental entity for the physical performance of services in | ||
this state unless the contractor and all subcontractors under the | ||
contract register with and participate in a status verification | ||
system to verify the work authorization status of all new | ||
employees. | ||
Sec. 2264.103. RULES. The Texas Workforce Commission shall | ||
adopt rules and prescribe forms to implement this subchapter. The | ||
Texas Workforce Commission shall publish the proposed and adopted | ||
rules on the commission's website as well as in the Texas Register. | ||
SECTION 6. Subchapter B, Chapter 21, Labor Code, is amended | ||
by adding Section 21.062 to read as follows: | ||
Sec. 21.062. DISCRIMINATION BASED ON NATIONAL ORIGIN. (a) | ||
In this section: | ||
(1) "Status verification system" has the meaning | ||
assigned by Section 619.001, Government Code. | ||
(2) "Unauthorized alien" has the meaning assigned by 8 | ||
U.S.C. Section 1324a(h)(3). | ||
(b) An employer commits an unlawful employment practice if | ||
the employer discharges an employee working in this state who is a | ||
United States citizen or permanent resident alien while retaining | ||
an employee who the employer knows or reasonably should know is an | ||
unauthorized alien who is working in this state in a job category: | ||
(1) that requires equal skill, effort, and | ||
responsibility as the job category held by the discharged employee; | ||
and | ||
(2) under which work is performed in similar working | ||
conditions as in the job category held by the discharged employee. | ||
(c) An employer who was enrolled in and used a status | ||
verification system to verify the employment authorization of its | ||
employees in this state on the date of the discharge described by | ||
Subsection (b) is exempt from liability, investigation, or suit | ||
arising under this section. | ||
SECTION 7. (a) Sections 2264.1011, 2264.102, and 2264.103, | ||
Government Code, as added by this Act, apply only in relation to a | ||
contract or contract extension made on or after the effective date | ||
of this Act. | ||
(b) Section 21.062, Labor Code, as added by this Act, | ||
applies to conduct of an employer occurring on or after the | ||
effective date of this Act. Conduct occurring before that date is | ||
governed by the law in effect on the date the conduct occurred, and | ||
the former law is continued in effect for that purpose. | ||
SECTION 8. This Act takes effect September 1, 2011. |