HB1308 - Relating to employment practices of governmental entities, state contractors, and private employers in this state regarding the legal status of employees, including requiring participation in the federal electronic verification of employment authorization program, or E-verify program, and authorizing the suspension of certain licenses held by private employers for certain conduct in relation to the employment of persons not lawfully present.

  89R610 RDS-D     By: Tepper H.B. No. 1308       A BILL TO BE ENTITLED   AN ACT   relating to employment practices of governmental entities, state   contractors, and private employers in this state regarding the   legal status of employees, including requiring participation in the   federal electronic verification of employment authorization   program, or E-verify program, and authorizing the suspension of   certain licenses held by private employers for certain conduct in   relation to the employment of persons not lawfully present.          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, 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)   Except as   provided by Subsection (b), 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)     This section does not apply to a contract for goods or   services:                 (1)     a state agency determines is necessary to the   operation of the agency; and                 (2)     for which the agency can find no reasonable   alternative to a bid submitted by a contractor that does not   participate in the E-verify program or require its subcontractors   to participate in the E-verify program.           (c)     Each contract with a state agency must include the   following statement:           "The contractor certifies that the 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."           (d)     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.           (e)     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 may   bar a contractor from participating in state contracts if the   comptroller determines that the contractor was awarded a contract   in violation of Section 2264.102 or, in violation of Section   2264.102:                 (1)     has ceased participation in the E-verify program   during the term of the contract; or                 (2)     knowingly hired a subcontractor, other than a   subcontractor who acts exclusively as a supplier for the contract,   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.           (c)     It is an affirmative defense to a debarment proceeding   under this section that the contractor did not know that a   subcontractor hired to perform work under the contract is not   registered with or is not participating in the E-verify program.          SECTION 5.  Subtitle A, Title 6, Government Code, is amended   by adding Chapter 621 to read as follows:   CHAPTER 621. VERIFICATION OF EMPLOYEE INFORMATION; EMPLOYMENT OF   PERSONS NOT LAWFULLY PRESENT   SUBCHAPTER A. GENERAL PROVISIONS           Sec. 621.001.  DEFINITIONS.  In this chapter:                 (1)     "E-verify program" has the meaning assigned by   Section 673.001.                 (2)     "Governmental entity" has the meaning assigned by   Section 620.001, except that the term includes a school district or   open-enrollment charter school.                 (3)     "Person not lawfully present"   means a person who,   at the time of employment, is not:                       (A)     a citizen or national of the United States;   or                       (B)     an alien who is lawfully admitted for   permanent residence in the United States under the federal   Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) or   authorized to be employed by that Act or by the United States   attorney general.   SUBCHAPTER B. VERIFICATION OF EMPLOYEE INFORMATION           Sec.   621.051.     E-VERIFY PROGRAM.     (a) A governmental entity   shall register and participate in the E-verify program to verify   information of all new employees.           (b)     This section may not be construed as limiting a   requirement imposed on a state agency under Chapter 673.   SUBCHAPTER C. EMPLOYMENT OF PERSONS NOT LAWFULLY PRESENT             Sec.   621.101.     PROHIBITED EMPLOYMENT. A governmental entity   may not knowingly hire, employ, recruit, or refer for a fee a person   not lawfully present.     SUBCHAPTER D. ENFORCEMENT           Sec.   621.151.     REPORTING VIOLATION. (a) A person who has a   reasonable belief that a governmental entity violated this chapter   may report the allegation to the attorney general.           (b)     The person alleging a violation under Subsection (a)   must, to the extent known by the person, provide to the attorney   general:                 (1)     the name, address, and telephone number of the   person filing the report;                   (2)  the name and address of the governmental entity;                 (3)     if applicable, the name of the person alleged to be   a person not lawfully present who has performed or will perform work   for the governmental entity;                 (4)     the information that caused the person to make the   report and the source of the information; and                 (5)  any other information relevant to the allegation.           Sec.   621.152.     INVESTIGATION. (a) On receipt of a report   made under Section 621.151, the attorney general shall determine   whether reasonable cause exists to merit an investigation of the   allegation. If the attorney general determines reasonable cause   exists, the attorney general shall conduct an investigation.             (b)     A governmental entity must comply with reasonable   requests for documents or other information made by the attorney   general during an investigation conducted under this section,   including a request for:                 (1)     documents related to the legal status of an   employee;                 (2)     if applicable, evidence related to the entity's   affirmative defense under Section 621.153;                   (3)     documents related to the entity's finances and   operations; or                 (4)     other documents or information the attorney   general determines necessary for conducting the investigation.           (c)     The attorney general may request the assistance of the   Department of Public Safety and local law enforcement entities to   ensure compliance with this section.           (d)     In conducting an investigation under this section, the   attorney general may not interview a minor or collect information   related to a minor without first obtaining consent from the minor's   parent or legal guardian.           (e)     Information the attorney general obtains during an   investigation under this section is confidential and excepted from   disclosure under Chapter 552 but may be used in an administrative   proceeding under this chapter at the attorney general's discretion.           Sec.   621.153.     AFFIRMATIVE DEFENSE. It is an affirmative   defense to a proceeding under this subchapter in relation to an   alleged violation of Subchapter C that the governmental entity   complied in good faith with the document review requirements   described by the federal Immigration Reform and Control Act of 1986   (8 U.S.C. Section 1324a(b)).           Sec.   621.154.     DETERMINATION BY ATTORNEY GENERAL;   OPPORTUNITY TO CURE. (a) If the attorney general determines under   Section 621.152 that a governmental entity violated this chapter,   the attorney general shall provide written notice of the   determination to the entity.   The notice must explain the   governmental entity's options for taking corrective action to cure   the violation, which must include:                 (1)     for a violation under Section 621.051, submitting   to the attorney general evidence that the entity has registered and   is participating in the E-verify program to verify information of   all new employees; or          &#xA0 [Text truncated for display. Full text available on Congress.gov.]