84R2795 MTB-D
	By: Dale	H.B. No. 889

	A BILL TO BE ENTITLED
	AN ACT
	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 [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" means the electronic
	verification of employment 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 employment authorization program designated by the
	United States Department of Homeland Security or other federal
	agency authorized to verify the employment authorization status of
	newly hired employees under 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 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)  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), 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.
	(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;
	(2)  has ceased participation in the E-verify program
	during the term of the contract; or
	(3)  hired a subcontractor 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 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.
	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,
	2015.
	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, 2015.