83R12115 YDB-F
By: Van de Putte S.B. No. 1737
A BILL TO BE ENTITLED
AN ACT
relating to employment, higher education, and state purchasing
programs for veterans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Veterans' Employment
and Business Opportunity Act.
SECTION 2. Section 657.001, Government Code, is amended to
read as follows:
Sec. 657.001. DEFINITIONS. In this chapter:
(1) "Disabled veteran" means a veteran who is
classified as disabled by the United States Department of Veterans
Affairs or its successor or the branch of the service in which the
veteran served and whose disability is service connected.
["Established service-connected disability" means a disability
that has been or may be established by official records.]
(2) "State agency" means a board, commission, council,
committee, department, office, agency, or other governmental
entity in the executive, legislative, or judicial branch of state
government, including an institution of higher education as defined
by Section 61.003, Education Code.
(3) "Veteran" has the meaning assigned by Section
2308.251. ["Public entity" means a public department, commission,
board, or agency.]
SECTION 3. Section 657.002, Government Code, is amended to
read as follows:
Sec. 657.002. INDIVIDUALS QUALIFIED FOR [ENTITLED TO]
VETERAN'S EMPLOYMENT PREFERENCE. The following individuals qualify
[(a) A veteran qualifies] for a veteran's employment preference
[if the veteran]:
(1) a veteran [served in the military for not less than
90 consecutive days during a national emergency declared in
accordance with federal law or was discharged from military service
for an established service-connected disability];
(2) a [was honorably discharged from military service;
and
[(3) is competent.
[(b) A] veteran's surviving spouse who has not remarried, if
the veteran was killed while on active duty; and
(3) [or] an orphan of a veteran [qualifies for a
veteran's employment preference] if[:
[(1)] the veteran was killed while on active duty[;
[(2) the veteran served in the military for not less
than 90 consecutive days during a national emergency declared in
accordance with federal law; and
[(3) the spouse or orphan is competent].
[(c) In this section, "veteran" means an individual who
served in the army, navy, air force, marine corps, or coast guard of
the United States or in an auxiliary service of one of those
branches of the armed forces.]
SECTION 4. Sections 657.003(a), (c), and (d), Government
Code, are amended to read as follows:
(a) An individual who qualifies for a veteran's employment
preference is entitled to a preference in employment with or
appointment to a state agency [public entity or for a public work of
this state] over other applicants for the same position [who do not
have a greater qualification].
(c) If a state agency [public entity or public work of this
state] requires a competitive examination under a merit system or
civil service plan for selecting or promoting employees, an
individual entitled to a veteran's employment preference who
otherwise is qualified for that position and who has received at
least the minimum required score for the test is entitled to have a
service credit of 10 points added to the test score. A disabled
veteran [An individual who has an established service-connected
disability] is entitled to have a service credit of five additional
points added to the individual's test score.
(d) An individual entitled to a veteran's employment
preference is not disqualified from holding a position with a state
agency [public entity or public work of this state] because of age
or an established service-connected disability if the age or
disability does not make the individual incompetent to perform the
duties of the position.
SECTION 5. Section 657.004, Government Code, is amended to
read as follows:
Sec. 657.004. VETERAN'S PREFERENCE REQUIRED FOR STATE
AGENCIES [PUBLIC ENTITIES AND PUBLIC WORKS]. (a) A state agency [An
individual whose duty is to appoint or employ individuals for a
public entity or public work of this state] shall give preference in
hiring to individuals entitled to a veteran's employment preference
until [so that] at least 40 percent of the employees of the state
agency [public entity or public work] are selected from individuals
given that preference.
(b) Unless an insufficient number of individuals entitled
to a veteran's employment preference apply for an open agency
position, a state agency [A public entity or public work] that does
not have 40 percent of its employees who are entitled to the
veteran's employment preference shall for each announced open
position at the agency interview the greater of:
(1) one individual entitled to a veteran's employment
preference; or
(2) a number of [, in filling vacancies, give
preferences to] individuals entitled to a veteran's employment
preference equal to 20 percent of the total number of individuals
interviewed for the position [until it does have at least 40 percent
of its employees who are entitled to the preference].
(c) A state agency may designate an open position as a
veterans position and accept applications for the position only
from individuals eligible for [(b) A public entity or public work
shall, when possible, give 10 percent of] the preferences granted
under this chapter.
(d) A state agency with more than 500 full-time equivalent
positions shall designate an individual from the agency to serve as
a veterans liaison within the agency [to qualified veterans
discharged from the armed services of the United States within the
preceding 18 months].
[(c) A public entity or public work that has at least 40
percent of its employees who are entitled to the preference is
exempt from the requirements of Section 657.005.]
SECTION 6. Chapter 657, Government Code, is amended by
adding Section 657.0045 to read as follows:
Sec. 657.0045. IMMEDIATE HIRING OF INDIVIDUAL ENTITLED TO
VETERAN'S PREFERENCE. Notwithstanding any other law, a state
agency that has not reached the employment percentage required
under Section 657.004 may hire for an open position within the
agency an individual entitled to a veteran's employment preference
under that section without announcing or advertising the position
if the agency:
(1) uses the Texas Workforce Commission's employment
Internet website to identify an individual who qualifies for a
veteran's employment preference under this chapter; and
(2) determines the individual meets the
qualifications required for the position.
SECTION 7. Sections 657.006, 657.007, 657.008, 657.009, and
657.010, Government Code, are amended to read as follows:
Sec. 657.006. 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 [public entity], this chapter
shall be construed to operate in harmony with the federal law or
limitation of the federal grant.
Sec. 657.007. PREFERENCE APPLICABLE TO REDUCTION IN
WORKFORCE. (a) An individual entitled to a hiring preference under
this chapter is also entitled to a preference in retaining
employment if the state agency [public entity] that employs the
individual reduces its workforce.
(b) The preference granted under this section applies only
to the extent that a reduction in workforce by an employing state
agency [public entity] involves other employees of a similar type
or classification.
Sec. 657.008. REPORTING REQUIREMENTS. (a) A state agency
[public entity] shall file quarterly with the comptroller a report
that states:
(1) the percentage of the total number of employees
hired by the agency [entity] during the reporting period who are
persons entitled to a preference under this chapter;
(2) the percentage of the total number of the agency's
[entity's] employees who are persons entitled to a preference under
this chapter; and
(3) the number of complaints filed with the governing
body of the agency [entity] under Section 657.010 during that
quarter and the number of those complaints resolved by the
governing body.
(b) Not later than December 1 of each year, the [The]
comptroller shall file [annually] with the legislature a report
that compiles and analyzes information that the comptroller
receives from state agencies [public entities] under Subsection
(a).
Sec. 657.009. STATE AGENCIES [PUBLIC ENTITIES] TO LIST
POSITIONS WITH TEXAS WORKFORCE COMMISSION. (a) A state agency
[public entity] shall provide to the Texas Workforce Commission,
under rules adopted under this section by the commission,
information regarding an open position that is subject to the
hiring preference required by this chapter.
(b) The Texas Workforce Commission shall make available to
the public the information provided by a state agency [public
entity] under Subsection (a).
(c) To promote the purposes of this chapter, the Texas
Workforce Commission shall adopt rules under this section that
facilitate the exchange of employment information between state
agencies [public entities] and individuals entitled to a preference
under this chapter.
(d) The Texas Workforce Commission shall adopt forms and
procedures necessary to administer this section.
Sec. 657.010. COMPLAINT REGARDING EMPLOYMENT DECISION OF
STATE AGENCY [PUBLIC ENTITY OR PUBLIC WORK]. (a) An individual
entitled to a veteran's employment preference under this chapter
who is aggrieved by a decision of a state agency [public entity or
public work of this state] to which this chapter applies relating to
hiring the individual, or relating to retaining the individual if
the state agency [entity or work] reduces its workforce, may appeal
the decision by filing a written complaint with the governing body
of the state agency [public entity or public work] under this
section.
(b) The governing body of a state agency [public entity or
public work] 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 veteran's preference was not applied.
SECTION 8. Section 122.002, Human Resources Code, is
amended by amending Subdivisions (3) and (5) and adding Subdivision
(6) to read as follows:
(3) "Community rehabilitation program" means a
government or nonprofit private program or a service-disabled
veteran-owned business that is operated under criteria established
by the council and under which persons with severe disabilities or
service-disabled veterans produce products or perform services for
compensation.
(5) "Disability" means a mental or physical
impairment, including blindness, that impedes a person who is
seeking, entering, or maintaining gainful employment. The term
includes a disability of a service-disabled veteran.
(6) "Service-disabled veteran" has the meaning
assigned by Section 2155.444(c), Government Code.
SECTION 9. Section 302.0031, Labor Code, is amended by
amending Subsection (b) and adding Subsection (g) to read as
follows:
(b) The commission shall establish and administer the
College Credit for Heroes [demonstration] program to identify,
develop, and support methods to maximize academic or workforce
education credit awarded by institutions of higher education to
veterans and military servicemembers for military experience,
education, and training obtained during military service in order
to expedite the entry of veterans and military servicemembers into
the workforce.
(g) Not later than November 1 of each year, the commission,
after consultation with the Texas Higher Education Coordinating
Board, shall report to the legislature and the governor on:
(1) the results of any grants awarded under this
section;
(2) the best practices for veterans and military
servicemembers to achieve maximum academic or workforce education
credit at institutions of higher education for military experience,
education, and training obtained during military service;
(3) measures needed to facilitate the award of
academic or workforce education credit by institutions of higher
education for military experience, education, and training
obtained during military service; and
(4) other related measures needed to facilitate the
entry of trained, qualified veterans and military servicemembers
into the workforce.
SECTION 10. The following sections are repealed:
(1) Sections 657.003(b) and (e), Government Code; and
(2) Section 657.005, Government Code.
SECTION 11. The changes in law made by this Act to Chapter
657, Government Code, apply only to an open position with a state
agency for which the state agency begins accepting applications on
or after the effective date of this Act. An open position with a
state agency for which the state agency begins accepting
applications before the effective date of this Act is governed by
the law in effect on the date the state agency began accepting
applications, and the former law is continued in effect for that
purpose.
SECTION 12. This Act takes effect September 1, 2013.