RP 80- Relating to state agencies using the U.S. Department of Homeland Security’s E-Verify System
WHEREAS, federal law requires employers to employ only individuals eligible to work in the United States, and the U.S. Department of Homeland Security’s E-Verify system allows employers to quickly verify employee eligibility in an efficient and cost-effective manner; and
WHEREAS, various necessary improvements have been made to the E-Verify system since its implementation that make it more effective and secure, assure a higher percentage of employees can be confirmed as “work authorized” within 24 hours, and reduce the number of eligible workers who are erroneously designated as “unauthorized workers;” and
WHEREAS, E-Verify’s ability to identify “unauthorized workers” and prevent them from entering the workforce has significantly improved; and
WHEREAS, seventeen Texas state entities, including the Office of the Governor, major state agencies and universities, are currently utilizing E-Verify; and
WHEREAS, other states have successfully mandated the use of E-Verify by government agencies and by companies contracting with government agencies;
NOW, THEREFORE, I, Rick Perry, Governor of the State of Texas, by virtue of the power and authority vested in me by the Constitution and laws of the State of Texas, do hereby order the following:
All agencies under the direction of the governor to verify the employment eligibility of all current and prospective agency employees through the U.S. Department of Homeland Security’s E-Verify system.
All agencies under the direction of the governor to include, as a condition of all state contracts for services, a requirement that contractors utilize the U.S. Department of Homeland Security’s E-Verify system to determine the eligibility of:
1. All persons employed during the contract term to perform duties within Texas; and
2. All persons (including subcontractors) assigned by the contractor to perform work pursuant to the contract.
Agencies not under the direction of the governor are encouraged to verify the employment eligibility of their current and prospective employees utilizing the E-Verify system and require contractors to utilize the E-Verify system to verify the employment eligibility of their employees and subcontractors.
This executive order shall take effect immediately and supersedes all previous orders inconsistent with its terms and shall remain in effect and in full force until modified, amended, rescinded or superseded by me or by a succeeding governor.
Given under my hand this the 3rd day of December, 2014.