Bill Text: TX SB23 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to requiring state contractors to participate in the federal electronic verification of employment authorization program, or E-verify.
Spectrum: Partisan Bill (Republican 21-0)
Status: (Engrossed - Dead) 2017-05-21 - Committee report sent to Calendars [SB23 Detail]
Download: Texas-2017-SB23-Comm_Sub.html
Bill Title: Relating to requiring state contractors to participate in the federal electronic verification of employment authorization program, or E-verify.
Spectrum: Partisan Bill (Republican 21-0)
Status: (Engrossed - Dead) 2017-05-21 - Committee report sent to Calendars [SB23 Detail]
Download: Texas-2017-SB23-Comm_Sub.html
By: Schwertner, et al. | S.B. No. 23 | |
(In the Senate - Filed December 19, 2016; January 24, 2017, | ||
read first time and referred to Committee on Business & Commerce; | ||
March 20, 2017, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 7, Nays 1; March 20, 2017, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 23 | By: Nichols |
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relating to requiring state contractors 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, 2264.103, and | ||
2264.104 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 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 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) or | ||
that a contractor has ceased participation in the E-verify program | ||
during the term of the contract, 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; or | ||
(2) has ceased participation in the E-verify program | ||
during the term of the contract. | ||
(b) Debarment under this section is for a period of up to | ||
five years. | ||
(c) A contractor who registers with and participates in the | ||
E-verify program as provided by Section 2264.102 may not be barred | ||
under this section if, as a result of receiving inaccurate | ||
verification information from the E-verify program, the contractor | ||
hires or employs a person in violation of 8 U.S.C. Section 1324a. | ||
Sec. 2264.104. AFFIRMATIVE DEFENSE; DISCRIMINATION | ||
PROHIBITED. (a) It is an affirmative defense to a civil action for | ||
damages or the imposition of a civil penalty for an employer's | ||
refusal to hire or employ a person based on the employer's | ||
participation in the E-verify program as required by this | ||
subchapter that the employer participated in the E-verify program | ||
in accordance with the rules and guidelines of the program and | ||
received inaccurate information. | ||
(b) Nothing in this section may be construed to allow | ||
intentional discrimination of any class protected by law. | ||
SECTION 5. 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, | ||
2017. | ||
SECTION 6. 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 7. This Act takes effect September 1, 2017. | ||
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