Texas 2015 - 84th Regular

Texas House Bill HB754 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R2864 YDB-F
2	2	By: Menéndez H.B. No. 754
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the employment of individuals qualified for a veteran's
8	8	employment preference.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act may be cited as the Military Veterans'
11	11	Full Employment Act.
12	12	SECTION 2. Chapter 657, Government Code, is amended to read
13	13	as follows:
14	14	CHAPTER 657. VETERAN'S EMPLOYMENT PREFERENCES
15	15	Sec. 657.001. DEFINITIONS. In this chapter:
16	16	(1) "State agency" means a board, commission, council,
17	17	committee, department, office, agency, or other governmental
18	18	entity in the executive, legislative, or judicial branch of state
19	19	government, including an institution of higher education as defined
20	20	by Section 61.003, Education Code. ["Established service-connected
21	21	disability" means a disability that has been or may be established
22	22	by official records.]
23	23	(2) "Veteran" has the meaning assigned by Section
24	24	2308.251.
25	25	(3) "Veteran with a disability" means a veteran who is
26	26	classified as disabled by the United States Department of Veterans
27	27	Affairs or its successor or the branch of the service in which the
28	28	veteran served and whose disability is service-connected. ["Public
29	29	entity" means a public department, commission, board, or agency.]
30	30	Sec. 657.002. INDIVIDUALS QUALIFIED FOR [ENTITLED TO]
31	31	VETERAN'S EMPLOYMENT PREFERENCE. The following individuals qualify
32	32	[(a) A veteran qualifies] for a veteran's employment preference
33	33	[if the veteran]:
34	34	(1) a veteran, including a veteran with a disability
35	35	[served in the military for not less than 90 consecutive days during
36	36	a national emergency declared in accordance with federal law or was
37	37	discharged from military service for an established
38	38	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;
43	43	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	Sec. 657.003. VETERAN'S EMPLOYMENT PREFERENCE. (a) An
56	56	individual who qualifies for a veteran's employment preference is
57	57	entitled to a preference in employment with or appointment to a
58	58	state agency [public entity or for a public work of this state] over
59	59	other applicants for the same position who do not have a greater
60	60	qualification.
61	61	(b) A veteran with a disability [An individual who has an
62	62	established service-connected disability and] is entitled to a
63	63	veteran's employment preference [is entitled to preference] for
64	64	employment or appointment [in a position for which a competitive
65	65	examination is not held] over all other applicants for the same
66	66	position who are not veterans with a disability [without a
67	67	service-connected disability] and who do not have a greater
68	68	qualification.
69	69	(c) If a state agency [public entity or public work of this
70	70	state] requires a competitive examination under a merit system or
71	71	civil service plan for selecting or promoting employees, an
72	72	individual entitled to a veteran's employment preference who
73	73	otherwise is qualified for that position and who has received at
74	74	least the minimum required score for the test is entitled to have a
75	75	service credit of 10 points added to the test score. A veteran with
76	76	a disability [An individual who has an established
77	77	service-connected disability] is entitled to have a service credit
78	78	of five additional points added to the individual's test score.
79	79	(d) An individual entitled to a veteran's employment
80	80	preference is not disqualified from holding a position with a state
81	81	agency [public entity or public work of this state] because of age
82	82	or an established service-connected disability if the age or
83	83	disability does not make the individual incompetent to perform the
84	84	duties of the position.
85	85	[(e) This chapter does not apply to:
86	86	[(1) the position of private secretary or deputy of an
87	87	official or department; or
88	88	[(2) a person holding a strictly confidential relation
89	89	to the appointing or employing officer.]
90	90	Sec. 657.004. VETERAN EMPLOYMENT GOAL [PREFERENCE
91	91	REQUIRED] FOR STATE AGENCIES [PUBLIC ENTITIES AND PUBLIC WORKS].
92	92	(a) Each state agency shall establish a goal of hiring, in
93	93	full-time positions at the agency, a number of veterans equal to at
94	94	least 15 [An individual whose duty is to appoint or employ
95	95	individuals for a public entity or public work of this state shall
96	96	give preference in hiring to individuals entitled to a veteran's
97	97	employment preference so that at least 40] percent of the total
98	98	number of employees of the state agency [public entity or public
99	99	work are selected from individuals given that preference. A public
100	100	entity or public work that does not have 40 percent of its employees
101	101	who are entitled to the preference shall, in filling vacancies,
102	102	give preferences to individuals entitled to a veteran's employment
103	103	preference until it does have at least 40 percent of its employees
104	104	who are entitled to the preference].
105	105	(b) A state agency may establish a veteran employment goal
106	106	that is greater than the percentage required under Subsection (a)
107	107	[A public entity or public work shall, when possible, give 10
108	108	percent of the preferences granted under this chapter to qualified
109	109	veterans discharged from the armed services of the United States
110	110	within the 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	Sec. 657.0045. DESIGNATION OF OPEN POSITION FOR AND
115	115	IMMEDIATE HIRING OF INDIVIDUAL ENTITLED TO VETERAN'S EMPLOYMENT
116	116	PREFERENCE. (a) A state agency may designate an open position as a
117	117	veteran's position and only accept applications for that position
118	118	from individuals who are entitled to a veteran's employment
119	119	preference under Section 657.003.
120	120	(b) Notwithstanding any other law, a state agency may hire
121	121	or appoint for an open position within the agency an individual
122	122	entitled to a veteran's employment preference under Section 657.003
123	123	without announcing or advertising the position if the agency:
124	124	(1) uses the automated labor exchange system
125	125	administered by the Texas Workforce Commission to identify an
126	126	individual who qualifies for a veteran's employment preference
127	127	under this chapter; and
128	128	(2) determines the individual meets the
129	129	qualifications required for the position.
130	130	Sec. 657.0046. STATE AGENCY VETERAN'S LIAISON. (a) Each
131	131	state agency that has at least 500 full-time equivalent positions
132	132	shall designate an individual from the agency to serve as a
133	133	veteran's liaison.
134	134	(b) A state agency that has fewer than 500 full-time
135	135	equivalent positions may designate an individual from the agency to
136	136	serve as a veteran's liaison.
137	137	(c) Each state agency that designates a veteran's liaison
138	138	shall make available on the agency's Internet website the liaison's
139	139	individual work contact information.
140	140	Sec. 657.0047. INTERVIEWS AT STATE AGENCIES. For each
141	141	announced open position at a state agency, the state agency shall
142	142	interview the greater of:
143	143	(1) one individual qualified for a veteran's
144	144	employment preference under Section 657.003; or
145	145	(2) a number of individuals qualified for a veteran's
146	146	employment preference under Section 657.003 equal to 20 percent of
147	147	the total number of individuals interviewed for the position.
148	148	Sec. 657.005. EMPLOYMENT INVESTIGATION. (a) The
149	149	individual whose duty is to appoint or employ an applicant for a
150	150	position with a [public entity or public work of this] state agency
151	151	or an officer or the chief administrator of the agency [entity or
152	152	work] who receives an application for appointment or employment by
153	153	an individual entitled to a veteran's employment preference, before
154	154	appointing or employing any individual, shall investigate the
155	155	qualifications of the applicant for the position. [If the
156	156	applicant is of good moral character and can perform the duties of
157	157	the position, the officer, chief executive, or individual whose
158	158	duty is to appoint or employ shall appoint or employ the applicant
159	159	for the position.]
160	160	(b) An applicant who is a veteran with a [an established
161	161	service-connected] disability shall furnish the official records
162	162	to the individual whose duty is to fill the position.
163	163	Sec. 657.006. FEDERAL LAW AND GRANTS. To the extent that
164	164	this chapter conflicts with federal law or a limitation provided by
165	165	a federal grant to a state agency [public entity], this chapter
166	166	shall be construed to operate in harmony with the federal law or
167	167	limitation of the federal grant.
168	168	Sec. 657.007. PREFERENCE APPLICABLE TO REDUCTION IN
169	169	WORKFORCE. (a) An individual entitled to a hiring or appointment
170	170	preference under this chapter is also entitled to a preference in
171	171	retaining employment if the state agency [public entity] that
172	172	employs or appoints the individual reduces its workforce.
173	173	(b) The preference granted under this section applies only
174	174	to the extent that a reduction in workforce by an employing state
175	175	agency [public entity] involves other employees of a similar type
176	176	or classification.
177	177	Sec. 657.008. REPORTING REQUIREMENTS. (a) A state agency
178	178	[public entity] shall file quarterly with the comptroller a report
179	179	that states:
180	180	(1) the percentage of the total number of employees
181	181	hired or appointed by the agency [entity] during the reporting
182	182	period who are persons entitled to a preference under this chapter;
183	183	(2) the percentage of the total number of the agency's
184	184	[entity's] employees who are persons entitled to a preference under
185	185	this chapter; and
186	186	(3) the number of complaints filed with the executive
187	187	director [governing body] of the agency [entity] under Section
188	188	657.010 during that quarter and the number of those complaints
189	189	resolved by the executive director [governing body].
190	190	(b) The comptroller shall make each quarterly report filed
191	191	under Subsection (a) available to the public on the comptroller's
192	192	Internet website.
193	193	(c) Not later than December 1 of each year, the [The]
194	194	comptroller shall file [annually] with the legislature a report
195	195	that compiles and analyzes information that the comptroller
196	196	receives from state agencies [public entities] under Subsection
197	197	(a).
198	198	Sec. 657.009. STATE AGENCIES [PUBLIC ENTITIES] TO LIST
199	199	POSITIONS WITH TEXAS WORKFORCE COMMISSION. (a) A state agency
200	200	[public entity] shall provide to the Texas Workforce Commission,
201	201	under rules adopted under this section by the commission,
202	202	information regarding an open position that is subject to the
203	203	hiring or appointment preference required by this chapter.
204	204	(b) The Texas Workforce Commission shall make available to
205	205	the public the information provided by a state agency [public
206	206	entity] under Subsection (a).
207	207	(c) To promote the purposes of this chapter, the Texas
208	208	Workforce Commission shall adopt rules under this section that
209	209	facilitate the exchange of employment information between state
210	210	agencies [public entities] and individuals entitled to a preference
211	211	under this chapter.
212	212	(d) The Texas Workforce Commission shall adopt forms and
213	213	procedures necessary to administer this section.
214	214	Sec. 657.010. COMPLAINT REGARDING EMPLOYMENT DECISION OF
215	215	STATE AGENCY [PUBLIC ENTITY OR PUBLIC WORK]. (a) An individual
216	216	entitled to a veteran's employment preference under this chapter
217	217	who is aggrieved by a decision of a state agency [public entity or
218	218	public work of this state] to which this chapter applies relating to
219	219	hiring or appointing the individual, or relating to retaining the
220	220	individual if the state agency [entity or work] reduces its
221	221	workforce, may appeal the decision by filing a written complaint
222	222	with the executive director [governing body] of the state agency
223	223	[public entity or public work] under this section.
224	224	(b) The executive director [governing body] of a state
225	225	agency [public entity or public work] that receives a written
226	226	complaint under Subsection (a) shall respond to the complaint not
227	227	later than the 15th business day after the date the executive
228	228	director [governing body] receives the complaint. The executive
229	229	director [governing body] may render a different hiring or
230	230	appointment decision than the decision that is the subject of the
231	231	complaint if the executive director [governing body] determines
232	232	that the veteran's preference was not applied.
233	233	SECTION 3. The changes in law made by this Act to Chapter
234	234	657, Government Code, apply only to an open position with a state
235	235	agency for which the state agency begins accepting applications on
236	236	or after the effective date of this Act. An open position with a
237	237	state agency for which the state agency begins accepting
238	238	applications before the effective date of this Act is governed by
239	239	the law in effect on the date the state agency began accepting
240	240	applications, and the former law is continued in effect for that
241	241	purpose.
242	242	SECTION 4. This Act takes effect September 1, 2015.