Texas 2009 - 81st Regular

Texas House Bill HB4388 Compare Versions

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1	1	81R24149 MCK-F
2	2	By: Chavez, Rose H.B. No. 4388
3	3	Substitute the following for H.B. No. 4388:
4	4	By: Chavez C.S.H.B. No. 4388
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to veteran's employment preferences.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 657, Government Code, is amended by
12	12	designating Sections 657.001 through 657.009 as Subchapter A and
13	13	adding a heading for Subchapter A to read as follows:
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	SECTION 2. Section 657.001, Government Code, is amended by
16	16	amending Subdivision (2) and adding Subdivisions (3) and (4) to
17	17	read as follows:
18	18	(2) "Minimum qualifications" means the experience and
19	19	education to perform the essential tasks of a job identified in the
20	20	posting for the job.
21	21	(3) "Public entity" means:
22	22	(A) a state agency, including:
23	23	(i) a [public] department, commission,
24	24	board, authority, office, or other agency in the executive branch
25	25	of state government created by the constitution or a statute of this
26	26	state; or
27	27	(ii) a university system or an institution
28	28	of higher education as defined by Section 61.003, Education Code;
29	29	or
30	30	(B) a county, municipality, or district, a
31	31	district or other authority created under Section 52, Article III,
32	32	or Section 59, Article XVI, Texas Constitution, or any other
33	33	political subdivision of this state.
34	34	(4) "Public work of this state" means a project that is
35	35	the subject of a public work contract with a governmental entity to
36	36	which Chapter 2253 applies.
37	37	SECTION 3. Subchapter A, Chapter 657, Government Code, as
38	38	added by this Act, is amended by adding Section 657.0015 to read as
39	39	follows:
40	40	Sec. 657.0015. EXCEPTIONS. This chapter does not apply to:
41	41	(1) appointments made by the governor; or
42	42	(2) the employment of:
43	43	(A) a head of a division or department in a state
44	44	office or agency headed by a single elected state official; or
45	45	(B) a person who advises or reports directly to
46	46	an elected state official.
47	47	SECTION 4. Sections 657.002(a) and (b), Government Code,
48	48	are amended to read as follows:
49	49	(a) A veteran qualifies for a veteran's employment
50	50	preference if the veteran:
51	51	(1) served in the military for not less than 90
52	52	consecutive days during a national emergency declared in accordance
53	53	with federal law or was discharged from military service for an
54	54	established service-connected disability;
55	55	(2) was honorably discharged from military service;
56	56	and
57	57	(3) meets the minimum qualifications for the
58	58	position [is competent].
59	59	(b) A veteran's surviving spouse who has not remarried or an
60	60	orphan of a veteran qualifies for a veteran's employment preference
61	61	if:
62	62	(1) the veteran was killed while on active duty;
63	63	(2) the veteran served in the military for not less
64	64	than 90 consecutive days during a national emergency declared in
65	65	accordance with federal law; and
66	66	(3) the spouse or orphan meets the minimum
67	67	qualifications for the position [is competent].
68	68	SECTION 5. Sections 657.003(a) and (b), Government Code,
69	69	are amended to read as follows:
70	70	(a) An individual who qualifies for a veteran's employment
71	71	preference is entitled to a preference in employment with or
72	72	appointment to a public entity or for a public work of this state
73	73	over other applicants for the same position who do not have [a]
74	74	greater qualifications for the position [qualification].
75	75	(b) An individual who has an established service-connected
76	76	disability and is entitled to a veteran's employment preference is
77	77	entitled to preference for employment or appointment in a position
78	78	[for which a competitive examination is not held] over all other
79	79	applicants for the same position who are without a
80	80	service-connected disability and who do not have [a] greater
81	81	qualifications for the position [qualification].
82	82	SECTION 6. Section 657.005(a), Government Code, is amended
83	83	to read as follows:
84	84	(a) The individual whose duty is to appoint or employ an
85	85	applicant for a position with a public entity or public work of this
86	86	state or an officer or the chief administrator of the entity or work
87	87	who receives an application for appointment or employment by an
88	88	individual entitled to a veteran's employment preference, before
89	89	appointing or employing any individual, shall investigate the
90	90	qualifications of the applicant for the position. If the applicant
91	91	is of good moral character and can perform the duties of the
92	92	position and no other applicant for the position has greater
93	93	qualifications than the applicant entitled to a veteran's
94	94	employment preference, the officer, chief executive, or individual
95	95	whose duty is to appoint or employ shall appoint or employ the
96	96	applicant for the position.
97	97	SECTION 7. Section 657.007(b), Government Code, is amended
98	98	to read as follows:
99	99	(b) The preference granted under this section applies only
100	100	to the extent that a reduction in workforce by an employing public
101	101	entity involves other employees of the same [a similar type or]
102	102	classification.
103	103	SECTION 8. Section 657.008, Government Code, is amended to
104	104	read as follows:
105	105	Sec. 657.008. REPORTING REQUIREMENTS. (a) A state agency
106	106	[public entity] shall file quarterly with the comptroller a report
107	107	that states:
108	108	(1) any measures taken by the state agency during the
109	109	quarter to inform individuals entitled to a hiring preference under
110	110	this chapter of their rights under this chapter;
111	111	(2) the appeals process available through the state
112	112	agency to an individual entitled to a hiring preference under this
113	113	chapter who alleges that the state agency violated the individual's
114	114	rights under this chapter;
115	115	(3) the percentage of the total number of employees
116	116	hired by the state agency [entity] during the reporting period who
117	117	are persons entitled to a preference under this chapter; and
118	118	(4) [(2)] the percentage of the total number of the
119	119	agency's [entity's] employees who are persons entitled to a
120	120	preference under this chapter[; and
121	121	[(3) the number of complaints filed with the governing
122	122	body of the entity under Section 657.010 during that quarter and the
123	123	number of those complaints resolved by the governing body].
124	124	(b) The comptroller shall file annually with the
125	125	legislature a report that compiles and analyzes information that
126	126	the comptroller receives from state agencies [public entities]
127	127	under Subsection (a).
128	128	SECTION 9. Chapter 657, Government Code, is amended by
129	129	adding Subchapters B and C to read as follows:
130	130	SUBCHAPTER B. COMPLAINT TO PUBLIC ENTITY
131	131	Sec. 657.051. COMPLAINT PROCEDURE. (a) An individual who
132	132	is entitled to a veteran's employment preference under this chapter
133	133	may appeal a hiring decision made by a public entity by filing a
134	134	written complaint with the public entity not later than the 30th day
135	135	after the date the individual receives notice of the hiring
136	136	decision.
137	137	(b) The individual must state in the complaint:
138	138	(1) the name of the public entity; and
139	139	(2) the allegations that form the basis of the
140	140	complaint.
141	141	Sec. 657.052. DECISION. (a) Not later than the 30th day
142	142	after the date the public entity receives a complaint, the public
143	143	entity shall issue a decision on the complaint and notify the
144	144	applicant of the decision.
145	145	(b) If the public entity determines that an individual
146	146	should have been offered the position because of the preference
147	147	granted under this chapter, the public entity shall offer to
148	148	appoint or employ the applicant:
149	149	(1) for the position; or
150	150	(2) for the next similar position that becomes
151	151	available for which the individual meets the minimum
152	152	qualifications.
153	153	Sec. 657.053. REQUEST FOR HEARING. If a state agency
154	154	determines under Section 657.052 that the applicant is not entitled
155	155	under this chapter to be appointed or employed for the position, the
156	156	applicant may request a hearing under Subchapter C.
157	157	SUBCHAPTER C. HEARING
158	158	Sec. 657.101. COMPLAINT; HEARING. (a) An applicant for
159	159	employment with a state agency who is entitled to a veteran's
160	160	employment preference under this chapter may appeal the state
161	161	agency's hiring decision after following the complaint procedure in
162	162	Subchapter B by filing a request for a hearing with the state
163	163	agency.
164	164	(b) The applicant must request a hearing not later than the
165	165	30th day after the date the applicant receives notice of the
166	166	decision issued under Section 657.052.
167	167	(c) Not later than the 10th day after the date the state
168	168	agency receives a request for a hearing, the state agency shall
169	169	refer the case to the State Office of Administrative Hearings for a
170	170	hearing.
171	171	Sec. 657.102. HEARING PROCEDURES. (a) The State Office of
172	172	Administrative Hearings shall conduct a hearing on the complaint
173	173	not later than the 90th day after the date the office receives the
174	174	complaint. An administrative law judge employed by the office
175	175	shall conduct the hearing.
176	176	(b) A hearing conducted under this subchapter is a contested
177	177	case under Chapter 2001.
178	178	Sec. 657.103. DECISION. (a) If the administrative law
179	179	judge determines that the applicant should have been offered the
180	180	position applied for because of the preference granted under this
181	181	chapter, the individual responsible for making hiring decisions for
182	182	the state agency shall:
183	183	(1) offer to appoint or employ the applicant for the
184	184	position; or
185	185	(2) offer to appoint or employ the applicant for the
186	186	next similar position that becomes available for which the
187	187	applicant meets the minimum qualifications.
188	188	(b) The administrative law judge shall render the final
189	189	decision in the contested case. The decision of the administrative
190	190	law judge is not subject to judicial review.
191	191	Sec. 657.104. REPORT. The State Office of Administrative
192	192	Hearings shall report to the governor, the comptroller, and the
193	193	legislature the number of hearings requested under this subchapter.
194	194	SECTION 10. Section 657.010, Government Code, is repealed.
195	195	SECTION 11. The changes in law made by this Act to Chapter
196	196	657, Government Code, apply to an application for employment only
197	197	if the application is submitted on or after the effective date of
198	198	this Act. An application submitted before the effective date of
199	199	this Act is governed by the law in effect at the time the
200	200	application is submitted, and the former law is continued in effect
201	201	for that purpose.
202	202	SECTION 12. The changes in law made by this Act to Chapter
203	203	657, Government Code, apply only to a public work for which a public
204	204	entity first advertises or otherwise solicits bids, proposals,
205	205	offers, or qualifications to perform any portion of the work on or
206	206	after the effective date of this Act. A public work for which a
207	207	public entity first advertised or otherwise solicited bids,
208	208	proposals, offers, or qualifications to perform any portion of the
209	209	work before that date is governed by the law in effect when the
210	210	first advertisement or solicitation was given, and the former law
211	211	is continued in effect for that purpose.
212	212	SECTION 13. This Act takes effect September 1, 2009.