Senate Bill (SB) 312, as passed by the 85th Legislature, adds Transportation Code §223.051, which states:
The department may not award a contract for the construction, maintenance, or improvement of a highway in 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.
In accordance with SB 312, effective with October 2017-let projects, all prime contractors and subcontractors on construction and maintenance projects must submit an affirmation of registration and participation in the Department of Homeland Security’s E-Verify system.
Failure to submit the appropriate affirmation and "E-Verify Memorandum of Understanding for Employers" will result in the following:
Once a contractor has complied with these requirements, TxDOT will add the company name to a publicly accessible online document that will identify prime contractors and subcontractors who have provided the requested documentation to confirm participation in the E-Verify system.
For more information, contact the Construction Division at (512) 416-2584 or email us.