H.B. No. 1043
AN ACT
relating to the creation of business opportunities 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) 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. 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.
Sec. 672.005. AGE LIMIT. An individual is entitled to an
employment preference under this chapter only if the individual is
25 years of age or younger.
SECTION 2. Section 2303.402(c), Government Code, is amended
to read as follows:
(c) For the purposes of this section, an economically
disadvantaged individual is an individual who:
(1) was unemployed for at least three months before
obtaining employment with the qualified business;
(2) receives public assistance benefits, including
welfare payments or food stamps, based on need and intended to
alleviate poverty;
(3) is a low-income individual, as defined by Section
101, Workforce Investment Act of 1998 (29 U.S.C. Section 2801(25));
(4) is an individual with a disability, as defined
by 29 U.S.C. Section 705(20)(A);
(5) is an inmate, as defined by Section 498.001;
(6) is entering the workplace after being confined in
a facility operated by the institutional division of the Texas
Department of Criminal Justice or under contract with the Texas
Department of Criminal Justice;
(7) has been released by the Texas Youth Commission
and is on parole, if state law provides for such a person to be on
parole; [or]
(8) meets the current low income or moderate income
limits developed under Section 8, United States Housing Act of 1937
(42 U.S.C. Section 1437f et seq.); or
(9) was under the permanent managing conservatorship
of the Department of Family and Protective Services on the day
preceding the individual's 18th birthday.
SECTION 3. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1043 was passed by the House on April
21, 2009, by the following vote: Yeas 139, Nays 5, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1043 on May 29, 2009, by the following vote: Yeas 136, Nays 2,
3 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1043 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor