Texas 2013 - 83rd Regular

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1	1	By: Van de Putte, et al. S.B. No. 10
2	2	(Menendez)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to employment, higher education, and state purchasing
8	8	programs for veterans.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act may be cited as the Veterans' Employment
11	11	and Business Opportunity Act.
12	12	SECTION 2. Section 657.001, Government Code, is amended to
13	13	read as follows:
14	14	Sec. 657.001. DEFINITIONS. In this chapter:
15	15	(1) "Disabled veteran" means a veteran who is
16	16	classified as disabled by the United States Department of Veterans
17	17	Affairs or its successor or the branch of the service in which the
18	18	veteran served and whose disability is service-connected.
19	19	["Established service-connected disability" means a disability
20	20	that has been or may be established by official records.]
21	21	(2) "State agency" means a board, commission, council,
22	22	committee, department, office, agency, or other governmental
23	23	entity in the executive, legislative, or judicial branch of state
24	24	government, including an institution of higher education as defined
25	25	by Section 61.003, Education Code.
26	26	(3) "Veteran" has the meaning assigned by Section
27	27	2308.251. ["Public entity" means a public department, commission,
28	28	board, or agency.]
29	29	SECTION 3. Section 657.002, Government Code, is amended to
30	30	read as follows:
31	31	Sec. 657.002. INDIVIDUALS QUALIFIED FOR [ENTITLED TO]
32	32	VETERAN'S EMPLOYMENT PREFERENCE. The following individuals
33	33	qualify [(a) A veteran qualifies] for a veteran's employment
34	34	preference [if the veteran]:
35	35	(1) a veteran [served in the military for not less than
36	36	90 consecutive days during a national emergency declared in
37	37	accordance with federal law or was discharged from military service
38	38	for an established service-connected disability];
39	39	(2) a [was honorably discharged from military service;
40	40	and
41	41	[(3) is competent.
42	42	[(b) A] veteran's surviving spouse who has not remarried, if
43	43	the veteran was killed while on active duty; and
44	44	(3) [or] an orphan of a veteran [qualifies for a
45	45	veteran's employment preference] if[:
46	46	[(1)] the veteran was killed while on active duty[;
47	47	[(2) the veteran served in the military for not less
48	48	than 90 consecutive days during a national emergency declared in
49	49	accordance with federal law; and
50	50	[(3) the spouse or orphan is competent].
51	51	[(c) In this section, "veteran" means an individual who
52	52	served in the army, navy, air force, marine corps, or coast guard of
53	53	the United States or in an auxiliary service of one of those
54	54	branches of the armed forces.]
55	55	SECTION 4. Subsections (a), (c), and (d), Section 657.003,
56	56	Government Code, are amended to read as follows:
57	57	(a) An individual who qualifies for a veteran's employment
58	58	preference is entitled to a preference in employment with or
59	59	appointment to a state agency [public entity or for a public work of
60	60	this state] over other applicants for the same position [who do not
61	61	have a greater qualification].
62	62	(c) If a state agency [public entity or public work of this
63	63	state] requires a competitive examination under a merit system or
64	64	civil service plan for selecting or promoting employees, an
65	65	individual entitled to a veteran's employment preference who
66	66	otherwise is qualified for that position and who has received at
67	67	least the minimum required score for the test is entitled to have a
68	68	service credit of 10 points added to the test score. A disabled
69	69	veteran [An individual who has an established service-connected
70	70	disability] is entitled to have a service credit of five additional
71	71	points added to the individual's test score.
72	72	(d) An individual entitled to a veteran's employment
73	73	preference is not disqualified from holding a position with a state
74	74	agency [public entity or public work of this state] because of age
75	75	or an established service-connected disability if the age or
76	76	disability does not make the individual incompetent to perform the
77	77	duties of the position.
78	78	SECTION 5. Section 657.004, Government Code, is amended to
79	79	read as follows:
80	80	Sec. 657.004. VETERAN'S PREFERENCE REQUIRED FOR STATE
81	81	AGENCIES [PUBLIC ENTITIES AND PUBLIC WORKS]. (a) A state agency
82	82	[An individual whose duty is to appoint or employ individuals for a
83	83	public entity or public work of this state] shall give preference in
84	84	hiring to individuals entitled to a veteran's employment preference
85	85	until [so that] at least 40 percent of the employees of the state
86	86	agency [public entity or public work] are selected from individuals
87	87	given that preference.
88	88	(b) Unless an insufficient number of individuals entitled
89	89	to a veteran's employment preference apply for an open agency
90	90	position, a state agency [A public entity or public work] that does
91	91	not have 40 percent of its employees who are entitled to the
92	92	veteran's employment preference shall for each announced open
93	93	position at the agency interview the greater of:
94	94	(1) one individual entitled to a veteran's employment
95	95	preference; or
96	96	(2) a number of[, in filling vacancies, give
97	97	preferences to] individuals entitled to a veteran's employment
98	98	preference equal to 20 percent of the total number of individuals
99	99	interviewed for the position [until it does have at least 40 percent
100	100	of its employees who are entitled to the preference].
101	101	(c) A state agency may designate an open position as a
102	102	veterans position and accept applications for the position only
103	103	from individuals eligible for [(b) A public entity or public work
104	104	shall, when possible, give 10 percent of] the preferences granted
105	105	under this chapter.
106	106	(d) A state agency with more than 500 full-time equivalent
107	107	positions shall designate an individual from the agency to serve as
108	108	a veterans liaison within the agency [to qualified veterans
109	109	discharged from the armed services of the United States within the
110	110	preceding 18 months].
111	111	[(c) A public entity or public work that has at least 40
112	112	percent of its employees who are entitled to the preference is
113	113	exempt from the requirements of Section 657.005.]
114	114	SECTION 6. Chapter 657, Government Code, is amended by
115	115	adding Section 657.0045 to read as follows:
116	116	Sec. 657.0045. IMMEDIATE HIRING OF INDIVIDUAL ENTITLED TO
117	117	VETERAN'S PREFERENCE. Notwithstanding any other law, a state
118	118	agency that has not reached the employment percentage required
119	119	under Section 657.004 may hire for an open position within the
120	120	agency an individual entitled to a veteran's employment preference
121	121	under that section without announcing or advertising the position
122	122	if the agency:
123	123	(1) uses the Texas Workforce Commission's employment
124	124	Internet website to identify an individual who qualifies for a
125	125	veteran's employment preference under this chapter; and
126	126	(2) determines the individual meets the
127	127	qualifications required for the position.
128	128	SECTION 7. Sections 657.006, 657.007, 657.008, 657.009, and
129	129	657.010, Government Code, are amended to read as follows:
130	130	Sec. 657.006. FEDERAL LAW AND GRANTS. To the extent that
131	131	this chapter conflicts with federal law or a limitation provided by
132	132	a federal grant to a state agency [public entity], this chapter
133	133	shall be construed to operate in harmony with the federal law or
134	134	limitation of the federal grant.
135	135	Sec. 657.007. PREFERENCE APPLICABLE TO REDUCTION IN
136	136	WORKFORCE. (a) An individual entitled to a hiring preference
137	137	under this chapter is also entitled to a preference in retaining
138	138	employment if the state agency [public entity] that employs the
139	139	individual reduces its workforce.
140	140	(b) The preference granted under this section applies only
141	141	to the extent that a reduction in workforce by an employing state
142	142	agency [public entity] involves other employees of a similar type
143	143	or classification.
144	144	Sec. 657.008. REPORTING REQUIREMENTS. (a) A state agency
145	145	[public entity] shall file quarterly with the comptroller a report
146	146	that states:
147	147	(1) the percentage of the total number of employees
148	148	hired by the agency [entity] during the reporting period who are
149	149	persons entitled to a preference under this chapter;
150	150	(2) the percentage of the total number of the agency's
151	151	[entity's] employees who are persons entitled to a preference under
152	152	this chapter; and
153	153	(3) the number of complaints filed with the governing
154	154	body of the agency [entity] under Section 657.010 during that
155	155	quarter and the number of those complaints resolved by the
156	156	governing body.
157	157	(b) Not later than December 1 of each year, the [The]
158	158	comptroller shall file [annually] with the legislature a report
159	159	that compiles and analyzes information that the comptroller
160	160	receives from state agencies [public entities] under Subsection
161	161	(a).
162	162	Sec. 657.009. STATE AGENCIES [PUBLIC ENTITIES] TO LIST
163	163	POSITIONS WITH TEXAS WORKFORCE COMMISSION. (a) A state agency
164	164	[public entity] shall provide to the Texas Workforce Commission,
165	165	under rules adopted under this section by the commission,
166	166	information regarding an open position that is subject to the
167	167	hiring preference required by this chapter.
168	168	(b) The Texas Workforce Commission shall make available to
169	169	the public the information provided by a state agency [public
170	170	entity] under Subsection (a).
171	171	(c) To promote the purposes of this chapter, the Texas
172	172	Workforce Commission shall adopt rules under this section that
173	173	facilitate the exchange of employment information between state
174	174	agencies [public entities] and individuals entitled to a preference
175	175	under this chapter.
176	176	(d) The Texas Workforce Commission shall adopt forms and
177	177	procedures necessary to administer this section.
178	178	Sec. 657.010. COMPLAINT REGARDING EMPLOYMENT DECISION OF
179	179	STATE AGENCY [PUBLIC ENTITY OR PUBLIC WORK]. (a) An individual
180	180	entitled to a veteran's employment preference under this chapter
181	181	who is aggrieved by a decision of a state agency [public entity or
182	182	public work of this state] to which this chapter applies relating to
183	183	hiring the individual, or relating to retaining the individual if
184	184	the state agency [entity or work] reduces its workforce, may appeal
185	185	the decision by filing a written complaint with the governing body
186	186	of the state agency [public entity or public work] under this
187	187	section.
188	188	(b) The governing body of a state agency [public entity or
189	189	public work] that receives a written complaint under Subsection (a)
190	190	shall respond to the complaint not later than the 15th business day
191	191	after the date the governing body receives the complaint. The
192	192	governing body may render a different hiring decision than the
193	193	decision that is the subject of the complaint if the governing body
194	194	determines that the veteran's preference was not applied.
195	195	SECTION 8. Section 122.002, Human Resources Code, is
196	196	amended by amending Subdivisions (3) and (5) and adding Subdivision
197	197	(6) to read as follows:
198	198	(3) "Community rehabilitation program" means a
199	199	government or nonprofit private program or a service-disabled
200	200	veteran-owned business that is operated under criteria established
201	201	by the council and under which persons with severe disabilities or
202	202	service-disabled veterans produce products or perform services for
203	203	compensation.
204	204	(5) "Disability" means a mental or physical
205	205	impairment, including blindness, that impedes a person who is
206	206	seeking, entering, or maintaining gainful employment. The term
207	207	includes a disability of a service-disabled veteran.
208	208	(6) "Service-disabled veteran" has the meaning
209	209	assigned by Section 2155.444(c), Government Code.
210	210	SECTION 9. Section 302.0031, Labor Code, is amended by
211	211	amending Subsection (b) and adding Subsection (g) to read as
212	212	follows:
213	213	(b) The commission shall establish and administer the
214	214	College Credit for Heroes [demonstration] program to identify,
215	215	develop, and support methods to maximize academic or workforce
216	216	education credit awarded by institutions of higher education to
217	217	veterans and military servicemembers for military experience,
218	218	education, and training obtained during military service in order
219	219	to expedite the entry of veterans and military servicemembers into
220	220	the workforce.
221	221	(g) Not later than November 1 of each year, the commission,
222	222	after consultation with the Texas Higher Education Coordinating
223	223	Board, shall report to the legislature and the governor on:
224	224	(1) the results of any grants awarded under this
225	225	section;
226	226	(2) the best practices for veterans and military
227	227	servicemembers to achieve maximum academic or workforce education
228	228	credit at institutions of higher education for military experience,
229	229	education, and training obtained during military service;
230	230	(3) measures needed to facilitate the award of
231	231	academic or workforce education credit by institutions of higher
232	232	education for military experience, education, and training
233	233	obtained during military service; and
234	234	(4) other related measures needed to facilitate the
235	235	entry of trained, qualified veterans and military servicemembers
236	236	into the workforce.
237	237	SECTION 10. The following sections are repealed:
238	238	(1) Subsections (b) and (e), Section 657.003,
239	239	Government Code; and
240	240	(2) Section 657.005, Government Code.
241	241	SECTION 11. The changes in law made by this Act to Chapter
242	242	657, Government Code, apply only to an open position with a state
243	243	agency for which the state agency begins accepting applications on
244	244	or after the effective date of this Act. An open position with a
245	245	state agency for which the state agency begins accepting
246	246	applications before the effective date of this Act is governed by
247	247	the law in effect on the date the state agency began accepting
248	248	applications, and the former law is continued in effect for that
249	249	purpose.
250	250	SECTION 12. This Act takes effect September 1, 2013.