Texas 2009 - 81st Regular

Texas Senate Bill SB1498 Compare Versions

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1	1	By: Van de Putte S.B. No. 1498
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to veteran's employment preferences.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 657, Government Code, is amended by
9	9	designating Sections 657.001 through 657.009 as Subchapter A and
10	10	adding a heading for Subchapter A to read as follows:
11	11	SUBCHAPTER A. GENERAL PROVISIONS
12	12	SECTION 2. Section 657.001, Government Code, is amended by
13	13	amending Subdivision (2) and adding Subdivisions (3) and (4) to
14	14	read as follows:
15	15	(2) "Minimum qualifications" means the experience and
16	16	education to perform the essential tasks of a job identified in the
17	17	posting for the job.
18	18	(3) "Public entity" means:
19	19	(A) a state agency, including:
20	20	(i) a [public] department, commission,
21	21	board, authority, office, or other agency in the executive branch
22	22	of state government created by the constitution or a statute of this
23	23	state; or
24	24	(ii) a university system or an institution
25	25	of higher education as defined by Section 61.003, Education Code;
26	26	or
27	27	(B) a county, municipality, or district, a
28	28	district or other authority created under Section 52, Article III,
29	29	or Section 59, Article XVI, Texas Constitution, or any other
30	30	political subdivision of this state.
31	31	(4) "Public work of this state" means a project that is
32	32	the subject of a public work contract with a governmental entity to
33	33	which Chapter 2253 applies.
34	34	SECTION 3. Subchapter A, Chapter 657, Government Code, as
35	35	added by this Act, is amended by adding Section 657.0015 to read as
36	36	follows:
37	37	Sec. 657.0015. EXCEPTIONS. This chapter does not apply to:
38	38	(1) appointments made by the governor; or
39	39	(2) the employment of:
40	40	(A) a head of a division or department in a state
41	41	office or agency headed by a single elected state official; or
42	42	(B) a person who advises or reports directly to
43	43	an elected state official.
44	44	SECTION 4. Subsections (a) and (b), Section 657.002,
45	45	Government Code, are amended to read as follows:
46	46	(a) A veteran qualifies for a veteran's employment
47	47	preference if the veteran:
48	48	(1) served in the military for not less than 90
49	49	consecutive days during a national emergency declared in accordance
50	50	with federal law or was discharged from military service for an
51	51	established service-connected disability;
52	52	(2) was honorably discharged from military service;
53	53	and
54	54	(3) meets the minimum qualifications for the
55	55	position [is competent].
56	56	(b) A veteran's surviving spouse who has not remarried or an
57	57	orphan of a veteran qualifies for a veteran's employment preference
58	58	if:
59	59	(1) the veteran was killed while on active duty;
60	60	(2) the veteran served in the military for not less
61	61	than 90 consecutive days during a national emergency declared in
62	62	accordance with federal law; and
63	63	(3) the spouse or orphan meets the minimum
64	64	qualifications for the position [is competent].
65	65	SECTION 5. Subsections (a) and (b), Section 657.003,
66	66	Government Code, are amended to read as follows:
67	67	(a) An individual who qualifies for a veteran's employment
68	68	preference is entitled to a preference in employment with or
69	69	appointment to a public entity or for a public work of this state
70	70	over other applicants for the same position who do not have [a]
71	71	greater qualifications for the position [qualification].
72	72	(b) An individual who has an established service-connected
73	73	disability and is entitled to a veteran's employment preference is
74	74	entitled to preference for employment or appointment in a position
75	75	[for which a competitive examination is not held] over all other
76	76	applicants for the same position who are without a
77	77	service-connected disability and who do not have [a] greater
78	78	qualifications for the position [qualification].
79	79	SECTION 6. Subsection (a), Section 657.005, Government
80	80	Code, is amended to read as follows:
81	81	(a) The individual whose duty is to appoint or employ an
82	82	applicant for a position with a public entity or public work of this
83	83	state or an officer or the chief administrator of the entity or work
84	84	who receives an application for appointment or employment by an
85	85	individual entitled to a veteran's employment preference, before
86	86	appointing or employing any individual, shall investigate the
87	87	qualifications of the applicant for the position. If the applicant
88	88	is of good moral character and can perform the duties of the
89	89	position and no other applicant for the position has greater
90	90	qualifications than the applicant entitled to a veteran's
91	91	employment preference, the officer, chief executive, or individual
92	92	whose duty is to appoint or employ shall appoint or employ the
93	93	applicant for the position.
94	94	SECTION 7. Subsection (b), Section 657.007, Government
95	95	Code, is amended to read as follows:
96	96	(b) The preference granted under this section applies only
97	97	to the extent that a reduction in workforce by an employing public
98	98	entity involves other employees of the same [a similar type or]
99	99	classification.
100	100	SECTION 8. Section 657.008, Government Code, is amended to
101	101	read as follows:
102	102	Sec. 657.008. REPORTING REQUIREMENTS. (a) A state agency
103	103	[public entity] shall file quarterly with the comptroller a report
104	104	that states:
105	105	(1) any measures taken by the state agency during the
106	106	quarter to inform individuals entitled to a hiring preference under
107	107	this chapter of their rights under this chapter;
108	108	(2) the appeals process available through the state
109	109	agency to an individual entitled to a hiring preference under this
110	110	chapter who alleges that the state agency violated the individual's
111	111	rights under this chapter;
112	112	(3) the percentage of the total number of employees
113	113	hired by the state agency [entity] during the reporting period who
114	114	are persons entitled to a preference under this chapter; and
115	115	(4) [(2)] the percentage of the total number of the
116	116	agency's [entity's] employees who are persons entitled to a
117	117	preference under this chapter[; and
118	118	[(3) the number of complaints filed with the governing
119	119	body of the entity under Section 657.010 during that quarter and the
120	120	number of those complaints resolved by the governing body].
121	121	(b) The comptroller shall file annually with the
122	122	legislature a report that compiles and analyzes information that
123	123	the comptroller receives from state agencies [public entities]
124	124	under Subsection (a).
125	125	SECTION 9. Chapter 657, Government Code, is amended by
126	126	adding Subchapters B and C to read as follows:
127	127	SUBCHAPTER B. COMPLAINT TO PUBLIC ENTITY
128	128	Sec. 657.051. COMPLAINT PROCEDURE. (a) An individual who
129	129	is entitled to a veteran's employment preference under this chapter
130	130	may appeal a hiring decision made by a public entity by filing a
131	131	written complaint with the public entity not later than the 30th day
132	132	after the date the individual receives notice of the hiring
133	133	decision.
134	134	(b) The individual must state in the complaint:
135	135	(1) the name of the public entity; and
136	136	(2) the allegations that form the basis of the
137	137	complaint.
138	138	Sec. 657.052. DECISION. (a) Not later than the 30th day
139	139	after the date the public entity receives a complaint, the public
140	140	entity shall issue a decision on the complaint and notify the
141	141	applicant of the decision.
142	142	(b) If the public entity determines that an individual
143	143	should have been offered the position because of the preference
144	144	granted under this chapter, the public entity shall offer to
145	145	appoint or employ the applicant:
146	146	(1) for the position; or
147	147	(2) for the next similar position that becomes
148	148	available for which the individual meets the minimum
149	149	qualifications.
150	150	Sec. 657.053. REQUEST FOR HEARING. If a state agency
151	151	determines under Section 657.052 that the applicant is not entitled
152	152	under this chapter to be appointed or employed for the position, the
153	153	applicant may request a hearing under Subchapter C.
154	154	SUBCHAPTER C. HEARING
155	155	Sec. 657.101. COMPLAINT; HEARING. (a) An applicant for
156	156	employment with a state agency who is entitled to a veteran's
157	157	employment preference under this chapter may appeal the state
158	158	agency's hiring decision after following the complaint procedure in
159	159	Subchapter B by filing a request for a hearing with the state
160	160	agency.
161	161	(b) The applicant must request a hearing not later than the
162	162	30th day after the date the applicant receives notice of the
163	163	decision issued under Section 657.052.
164	164	(c) Not later than the 10th day after the date the state
165	165	agency receives a request for a hearing, the state agency shall
166	166	refer the case to the State Office of Administrative Hearings for a
167	167	hearing.
168	168	Sec. 657.102. HEARING PROCEDURES. (a) The State Office of
169	169	Administrative Hearings shall conduct a hearing on the complaint
170	170	not later than the 90th day after the date the office receives the
171	171	complaint. An administrative law judge employed by the office
172	172	shall conduct the hearing.
173	173	(b) A hearing conducted under this subchapter is a contested
174	174	case under Chapter 2001.
175	175	Sec. 657.103. DECISION. (a) If the administrative law
176	176	judge determines that the applicant should have been offered the
177	177	position applied for because of the preference granted under this
178	178	chapter, the individual responsible for making hiring decisions for
179	179	the state agency shall:
180	180	(1) offer to appoint or employ the applicant for the
181	181	position; or
182	182	(2) offer to appoint or employ the applicant for the
183	183	next similar position that becomes available for which the
184	184	applicant meets the minimum qualifications.
185	185	(b) The administrative law judge shall render the final
186	186	decision in the contested case. The decision of the administrative
187	187	law judge is not subject to judicial review.
188	188	Sec. 657.104. REPORT. The State Office of Administrative
189	189	Hearings shall report to the governor, the comptroller, and the
190	190	legislature the number of hearings requested under this subchapter.
191	191	SECTION 10. Section 657.010, Government Code, is repealed.
192	192	SECTION 11. The changes in law made by this Act to Chapter
193	193	657, Government Code, apply to an application for employment only
194	194	if the application is submitted on or after the effective date of
195	195	this Act. An application submitted before the effective date of
196	196	this Act is governed by the law in effect at the time the
197	197	application is submitted, and the former law is continued in effect
198	198	for that purpose.
199	199	SECTION 12. The changes in law made by this Act to Chapter
200	200	657, Government Code, apply only to a public work for which a public
201	201	entity first advertises or otherwise solicits bids, proposals,
202	202	offers, or qualifications to perform any portion of the work on or
203	203	after the effective date of this Act. A public work for which a
204	204	public entity first advertised or otherwise solicited bids,
205	205	proposals, offers, or qualifications to perform any portion of the
206	206	work before that date is governed by the law in effect when the
207	207	first advertisement or solicitation was given, and the former law
208	208	is continued in effect for that purpose.
209	209	SECTION 13. This Act takes effect September 1, 2009.