BILL ANALYSIS C.S.H.B. 4388 By: Chavez Defense & Veterans' Affairs Committee Report (Substituted) BACKGROUND AND PURPOSE Current law outlines a hiring preference for a veteran applying for work with a public entity. This preference has existed since shortly after World War II. However, it is unclear how the hiring preference is to be applied, what entities are considered public entities, and what course of action a veteran who feels the preference has been unjustly denied can take. Correcting this uncertainty is necessary to ensure that veterans receive the preference to which their service and sacrifice to the nation entitles them. C.S.H.B. 4388 clarifies the definition of a public entity, modernizes the language of the veteran's employment preference statute, and provides a course of action for a veteran who feels wronged by a hiring entity. The preference applies to state agencies, a university system or an institution of higher education, counties, municipalities, and districts. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 4388 amends the Government Code to establish that general provisions relating to veteran's employment preferences do not apply to appointments made by the governor or the employment of a head of a division or department in a state office or agency headed by a single elected state official or a person who advises or reports directly to an elected state official. C.S.H.B. 4388 includes in the qualifications for a veteran's employment preference that the veteran, veteran's surviving spouse who has not remarried, or the orphan of a veteran meet the minimum qualifications for the position, rather than be competent, and makes conforming changes. The bill removes a limitation that the position for which an individual who has an established service-connected disability and is entitled to a veteran's employment preference be a position for which a competitive examination is not held. C.S.H.B. 4388 adds to the requirement that the appointing or employing officer, chief executive, or individual appoint or employ an applicant entitled to a veteran's employment preference for a position with a Texas public entity or public work if no other applicant for the position has greater qualifications than the applicant entitled to a veteran's employment preference, in addition to the applicant being of good moral character and having the ability to perform the position's duties. The bill specifies that the veteran's employment preference applicable to a reduction in a public workforce applies only to the extent that a reduction in workforce by an employing public entity involves other employees of the same classification, rather than a similar type of classification. C.S.H.B. 4388 requires a state agency, rather than a public entity, to file a quarterly report with the comptroller of public accounts and makes conforming changes. The bill includes in the report's required statements any measures taken by the state agency during the quarter to inform individuals entitled to a hiring preference of their rights and the appeals process available through the agency to an individual entitled to a hiring preference who alleges that the agency violated the individual's rights. The bill removes a requirement that the report state the number of complaints regarding the employment decision of a public entity or public work filed with the governing body of the entity during that quarter and the number of those complaints resolved. C.S.H.B. 4388 authorizes an individual who is entitled to a veteran's employment preference to appeal a hiring decision made by a public entity by filing a written complaint stating the name of the public entity and the allegations that form the basis of the complaint with the public entity not later than the 30th day after the date the individual receives notice of the hiring decision. The bill requires the public entity to issue a decision on the complaint and notify the applicant of the decision not later than the 30th day after the date the public entity receives a complaint. The bill requires the public entity to offer to appoint or employ the applicant for the position or for the next similar position that becomes available for which the individual meets the minimum qualifications if the public entity determines that an individual should have been offered the position because of the veteran's employment preference. C.S.H.B. 4388 authorizes an applicant to request a hearing if a state agency determines that the applicant is not entitled under provisions concerning a veteran's employment preference to be appointed or employed for a position. The bill requires the applicant to request a hearing not later than the 30th day after the date the applicant receives notice of the agency's hiring decision and requires the state agency to refer the case to the State Office of Administrative Hearings for a hearing not later than the 10th day after the date the state agency receives a request for a hearing. The bill requires the office to conduct a hearing not later than the 90th day after the date the office receives the complaint, requires an administrative law judge employed by the office to conduct the hearing, and establishes that such a hearing is a contested case under the Administrative Procedure Act. The bill requires the individual responsible for making hiring decisions for a state agency, if the administrative law judge determines that the applicant should have been offered the position applied for because of the veteran's employment preference, to offer to appoint or employ the applicant for the position or to offer to appoint or employ the applicant for the next similar position that becomes available for which the applicant meets the minimum qualifications. The bill requires the administrative law judge to render the final decision in the contested case and establishes the administrative law judge's decision as not subject to judicial review. The bill requires the office to report to the governor, the comptroller, and the legislature the number of hearings requested under these provisions. C.S.H.B. 4388 repeals existing provisions relating to a complaint regarding the employment decision of a public entity or public work. The bill defines "minimum qualifications" as the experience and education to perform the essential tasks of a job identified in the job posting and expands the definition of "public entity" to include the following: a state agency, including an authority, office, or other agency in the executive branch of state government created by the constitution or a statute of Texas, in addition to a department, commission, or board, or a university system or an institution of higher education; or a county, municipality, or district, a district or authority created under the constitution, or any other political subdivision of Texas. The bill defines "public work of this state" to mean a project that is the subject of a public work contract with a governmental entity to which provisions concerning public work performance and payment bonds apply. C.S.H.B. 4388 repeals Section 657.010, Government Code. EFFECTIVE DATE September 1, 2009. COMPARISON OF ORIGINAL AND SUBSTITUTE C.S.H.B. 4388 removes provisions in the original entitling an individual entitled to a veteran's employment preference who meets the minimum qualifications for a position and has received at least the minimum required score for a competitive examination under a merit system or civil service plan to an additional credit added to the individual's test score of at least 10 percent, rather than a service credit of 10 points, or, for an individual with an established service-connected disability, at least 15 percent, rather than a service credit of five additional points.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 4388
By: Chavez
Defense & Veterans' Affairs
Committee Report (Substituted)
C.S.H.B. 4388
By: Chavez
Defense & Veterans' Affairs
Committee Report (Substituted)
BACKGROUND AND PURPOSE Current law outlines a hiring preference for a veteran applying for work with a public entity. This preference has existed since shortly after World War II. However, it is unclear how the hiring preference is to be applied, what entities are considered public entities, and what course of action a veteran who feels the preference has been unjustly denied can take. Correcting this uncertainty is necessary to ensure that veterans receive the preference to which their service and sacrifice to the nation entitles them. C.S.H.B. 4388 clarifies the definition of a public entity, modernizes the language of the veteran's employment preference statute, and provides a course of action for a veteran who feels wronged by a hiring entity. The preference applies to state agencies, a university system or an institution of higher education, counties, municipalities, and districts.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS C.S.H.B. 4388 amends the Government Code to establish that general provisions relating to veteran's employment preferences do not apply to appointments made by the governor or the employment of a head of a division or department in a state office or agency headed by a single elected state official or a person who advises or reports directly to an elected state official. C.S.H.B. 4388 includes in the qualifications for a veteran's employment preference that the veteran, veteran's surviving spouse who has not remarried, or the orphan of a veteran meet the minimum qualifications for the position, rather than be competent, and makes conforming changes. The bill removes a limitation that the position for which an individual who has an established service-connected disability and is entitled to a veteran's employment preference be a position for which a competitive examination is not held. C.S.H.B. 4388 adds to the requirement that the appointing or employing officer, chief executive, or individual appoint or employ an applicant entitled to a veteran's employment preference for a position with a Texas public entity or public work if no other applicant for the position has greater qualifications than the applicant entitled to a veteran's employment preference, in addition to the applicant being of good moral character and having the ability to perform the position's duties. The bill specifies that the veteran's employment preference applicable to a reduction in a public workforce applies only to the extent that a reduction in workforce by an employing public entity involves other employees of the same classification, rather than a similar type of classification. C.S.H.B. 4388 requires a state agency, rather than a public entity, to file a quarterly report with the comptroller of public accounts and makes conforming changes. The bill includes in the report's required statements any measures taken by the state agency during the quarter to inform individuals entitled to a hiring preference of their rights and the appeals process available through the agency to an individual entitled to a hiring preference who alleges that the agency violated the individual's rights. The bill removes a requirement that the report state the number of complaints regarding the employment decision of a public entity or public work filed with the governing body of the entity during that quarter and the number of those complaints resolved. C.S.H.B. 4388 authorizes an individual who is entitled to a veteran's employment preference to appeal a hiring decision made by a public entity by filing a written complaint stating the name of the public entity and the allegations that form the basis of the complaint with the public entity not later than the 30th day after the date the individual receives notice of the hiring decision. The bill requires the public entity to issue a decision on the complaint and notify the applicant of the decision not later than the 30th day after the date the public entity receives a complaint. The bill requires the public entity to offer to appoint or employ the applicant for the position or for the next similar position that becomes available for which the individual meets the minimum qualifications if the public entity determines that an individual should have been offered the position because of the veteran's employment preference. C.S.H.B. 4388 authorizes an applicant to request a hearing if a state agency determines that the applicant is not entitled under provisions concerning a veteran's employment preference to be appointed or employed for a position. The bill requires the applicant to request a hearing not later than the 30th day after the date the applicant receives notice of the agency's hiring decision and requires the state agency to refer the case to the State Office of Administrative Hearings for a hearing not later than the 10th day after the date the state agency receives a request for a hearing. The bill requires the office to conduct a hearing not later than the 90th day after the date the office receives the complaint, requires an administrative law judge employed by the office to conduct the hearing, and establishes that such a hearing is a contested case under the Administrative Procedure Act. The bill requires the individual responsible for making hiring decisions for a state agency, if the administrative law judge determines that the applicant should have been offered the position applied for because of the veteran's employment preference, to offer to appoint or employ the applicant for the position or to offer to appoint or employ the applicant for the next similar position that becomes available for which the applicant meets the minimum qualifications. The bill requires the administrative law judge to render the final decision in the contested case and establishes the administrative law judge's decision as not subject to judicial review. The bill requires the office to report to the governor, the comptroller, and the legislature the number of hearings requested under these provisions. C.S.H.B. 4388 repeals existing provisions relating to a complaint regarding the employment decision of a public entity or public work. The bill defines "minimum qualifications" as the experience and education to perform the essential tasks of a job identified in the job posting and expands the definition of "public entity" to include the following: a state agency, including an authority, office, or other agency in the executive branch of state government created by the constitution or a statute of Texas, in addition to a department, commission, or board, or a university system or an institution of higher education; or a county, municipality, or district, a district or authority created under the constitution, or any other political subdivision of Texas. The bill defines "public work of this state" to mean a project that is the subject of a public work contract with a governmental entity to which provisions concerning public work performance and payment bonds apply. C.S.H.B. 4388 repeals Section 657.010, Government Code.
EFFECTIVE DATE September 1, 2009.
COMPARISON OF ORIGINAL AND SUBSTITUTE
C.S.H.B. 4388 removes provisions in the original entitling an individual entitled to a veteran's employment preference who meets the minimum qualifications for a position and has received at least the minimum required score for a competitive examination under a merit system or civil service plan to an additional credit added to the individual's test score of at least 10 percent, rather than a service credit of 10 points, or, for an individual with an established service-connected disability, at least 15 percent, rather than a service credit of five additional points.
BACKGROUND AND PURPOSE
Current law outlines a hiring preference for a veteran applying for work with a public entity. This preference has existed since shortly after World War II. However, it is unclear how the hiring preference is to be applied, what entities are considered public entities, and what course of action a veteran who feels the preference has been unjustly denied can take. Correcting this uncertainty is necessary to ensure that veterans receive the preference to which their service and sacrifice to the nation entitles them.
C.S.H.B. 4388 clarifies the definition of a public entity, modernizes the language of the veteran's employment preference statute, and provides a course of action for a veteran who feels wronged by a hiring entity. The preference applies to state agencies, a university system or an institution of higher education, counties, municipalities, and districts.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 4388 amends the Government Code to establish that general provisions relating to veteran's employment preferences do not apply to appointments made by the governor or the employment of a head of a division or department in a state office or agency headed by a single elected state official or a person who advises or reports directly to an elected state official.
C.S.H.B. 4388 includes in the qualifications for a veteran's employment preference that the veteran, veteran's surviving spouse who has not remarried, or the orphan of a veteran meet the minimum qualifications for the position, rather than be competent, and makes conforming changes. The bill removes a limitation that the position for which an individual who has an established service-connected disability and is entitled to a veteran's employment preference be a position for which a competitive examination is not held.
C.S.H.B. 4388 adds to the requirement that the appointing or employing officer, chief executive, or individual appoint or employ an applicant entitled to a veteran's employment preference for a position with a Texas public entity or public work if no other applicant for the position has greater qualifications than the applicant entitled to a veteran's employment preference, in addition to the applicant being of good moral character and having the ability to perform the position's duties. The bill specifies that the veteran's employment preference applicable to a reduction in a public workforce applies only to the extent that a reduction in workforce by an employing public entity involves other employees of the same classification, rather than a similar type of classification.
C.S.H.B. 4388 requires a state agency, rather than a public entity, to file a quarterly report with the comptroller of public accounts and makes conforming changes. The bill includes in the report's required statements any measures taken by the state agency during the quarter to inform individuals entitled to a hiring preference of their rights and the appeals process available through the agency to an individual entitled to a hiring preference who alleges that the agency violated the individual's rights. The bill removes a requirement that the report state the number of complaints regarding the employment decision of a public entity or public work filed with the governing body of the entity during that quarter and the number of those complaints resolved.
C.S.H.B. 4388 authorizes an individual who is entitled to a veteran's employment preference to appeal a hiring decision made by a public entity by filing a written complaint stating the name of the public entity and the allegations that form the basis of the complaint with the public entity not later than the 30th day after the date the individual receives notice of the hiring decision. The bill requires the public entity to issue a decision on the complaint and notify the applicant of the decision not later than the 30th day after the date the public entity receives a complaint. The bill requires the public entity to offer to appoint or employ the applicant for the position or for the next similar position that becomes available for which the individual meets the minimum qualifications if the public entity determines that an individual should have been offered the position because of the veteran's employment preference.
C.S.H.B. 4388 authorizes an applicant to request a hearing if a state agency determines that the applicant is not entitled under provisions concerning a veteran's employment preference to be appointed or employed for a position. The bill requires the applicant to request a hearing not later than the 30th day after the date the applicant receives notice of the agency's hiring decision and requires the state agency to refer the case to the State Office of Administrative Hearings for a hearing not later than the 10th day after the date the state agency receives a request for a hearing. The bill requires the office to conduct a hearing not later than the 90th day after the date the office receives the complaint, requires an administrative law judge employed by the office to conduct the hearing, and establishes that such a hearing is a contested case under the Administrative Procedure Act. The bill requires the individual responsible for making hiring decisions for a state agency, if the administrative law judge determines that the applicant should have been offered the position applied for because of the veteran's employment preference, to offer to appoint or employ the applicant for the position or to offer to appoint or employ the applicant for the next similar position that becomes available for which the applicant meets the minimum qualifications. The bill requires the administrative law judge to render the final decision in the contested case and establishes the administrative law judge's decision as not subject to judicial review. The bill requires the office to report to the governor, the comptroller, and the legislature the number of hearings requested under these provisions.
C.S.H.B. 4388 repeals existing provisions relating to a complaint regarding the employment decision of a public entity or public work. The bill defines "minimum qualifications" as the experience and education to perform the essential tasks of a job identified in the job posting and expands the definition of "public entity" to include the following:
a state agency, including an authority, office, or other agency in the executive branch of state government created by the constitution or a statute of Texas, in addition to a department, commission, or board, or a university system or an institution of higher education; or
a county, municipality, or district, a district or authority created under the constitution, or any other political subdivision of Texas.
The bill defines "public work of this state" to mean a project that is the subject of a public work contract with a governmental entity to which provisions concerning public work performance and payment bonds apply.
C.S.H.B. 4388 repeals Section 657.010, Government Code.
EFFECTIVE DATE
September 1, 2009.
COMPARISON OF ORIGINAL AND SUBSTITUTE
C.S.H.B. 4388 removes provisions in the original entitling an individual entitled to a veteran's employment preference who meets the minimum qualifications for a position and has received at least the minimum required score for a competitive examination under a merit system or civil service plan to an additional credit added to the individual's test score of at least 10 percent, rather than a service credit of 10 points, or, for an individual with an established service-connected disability, at least 15 percent, rather than a service credit of five additional points.