81R6074 MCK-D
By: Orr H.B. No. 1043
A BILL TO BE ENTITLED
AN ACT
relating to the creation of an employment preference at state
agencies for certain former foster children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 6, Government Code, is amended
by adding Chapter 672 to read as follows:
CHAPTER 672. EMPLOYMENT PREFERENCE FOR FORMER FOSTER CHILDREN
Sec. 672.001. DEFINITION. In this chapter, "state agency"
means a department, commission, board, office, or other agency in
the executive branch of state government created by the state
constitution or a state statute, including an institution of higher
education as defined by Section 61.003, Education Code.
Sec. 672.002. EMPLOYMENT PREFERENCE. (a) An individual
who was under the permanent managing conservatorship of the
Department of Family and Protective Services on the day preceding
the individual's 18th birthday is entitled to a preference in
employment with a state agency over other applicants for the same
position who do not have a greater qualification.
(b) If a state agency requires a competitive examination
under a merit system or civil service plan for selecting or
promoting employees, an individual entitled to an employment
preference under this chapter who otherwise is qualified for that
position and who has received at least the minimum required score
for the test is entitled to have a service credit of 10 points added
to the test score.
(c) This chapter does not apply to:
(1) the position of private secretary or deputy of an
official or department; or
(2) an individual holding a strictly confidential
relation to the employing officer.
Sec. 672.003. FEDERAL LAW AND GRANTS. To the extent that
this chapter conflicts with federal law or a limitation provided by
a federal grant to a state agency, this chapter shall be construed
to operate in harmony with the federal law or limitation of the
federal grant.
Sec. 672.004. PREFERENCE APPLICABLE TO REDUCTION IN
WORKFORCE. (a) An individual entitled to a hiring preference under
this chapter is also entitled to a preference in retaining
employment if the state agency that employs the individual reduces
its workforce.
(b) The preference granted under this section applies only
to the extent that a reduction in workforce by an employing state
agency involves other employees of a similar type or
classification.
Sec. 672.005. COMPLAINT REGARDING EMPLOYMENT DECISION OF
STATE AGENCY. (a) An individual entitled to an employment
preference under this chapter who is aggrieved by a decision of a
state agency to which this chapter applies relating to hiring the
individual, or relating to retaining the individual if the state
agency reduces its workforce, may appeal the decision by filing a
written complaint with the governing body of the state agency under
this section.
(b) The governing body of a state agency that receives a
written complaint under Subsection (a) shall respond to the
complaint not later than the 15th business day after the date the
governing body receives the complaint. The governing body may
render a different hiring decision than the decision that is the
subject of the complaint if the governing body determines that the
employment preference under this chapter was not applied.
SECTION 2. This Act takes effect September 1, 2009.