| 3 | 5 | | |
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| 4 | 6 | | |
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| 5 | 7 | | A BILL TO BE ENTITLED |
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| 6 | 8 | | AN ACT |
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| 7 | 9 | | relating to the entitlement of spouses of certain veterans with |
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| 8 | 10 | | disabilities to a veteran's employment preference. |
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| 9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 12 | | SECTION 1. Section 657.002, Government Code, is amended to |
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| 11 | 13 | | read as follows: |
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| 12 | 14 | | Sec. 657.002. INDIVIDUALS QUALIFIED FOR VETERAN'S |
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| 13 | 15 | | EMPLOYMENT PREFERENCE. The following individuals qualify for a |
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| 14 | 16 | | veteran's employment preference: |
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| 15 | 17 | | (1) a veteran, including a veteran with a disability; |
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| 16 | 18 | | (2) a veteran's surviving spouse who has not |
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| 17 | 19 | | remarried; [and] |
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| 18 | 20 | | (3) an orphan of a veteran if the veteran was killed |
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| 19 | 21 | | while on active duty; and |
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| 20 | 22 | | (4) the spouse of a veteran with a disability if the |
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| 21 | 23 | | veteran: |
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| 22 | 24 | | (A) has a total disability rating based either on |
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| 23 | 25 | | having a service-connected disability with a disability rating of |
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| 24 | 26 | | 100 percent or on individual unemployability; and |
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| 25 | 27 | | (B) is receiving Supplemental Security Income |
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| 26 | 28 | | (SSI) benefits under 42 U.S.C. Section 1381 et seq. or Social |
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| 27 | 29 | | Security Disability Insurance (SSDI) benefits under 42 U.S.C. |
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| 28 | 30 | | Section 401 et seq. |
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| 29 | 31 | | SECTION 2. Section 657.003(b), Government Code, is amended |
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| 30 | 32 | | to read as follows: |
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| 31 | 33 | | (b) A state agency shall provide to an individual entitled |
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| 32 | 34 | | to a veteran's employment preference for employment or appointment |
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| 33 | 35 | | over other applicants for the same position who do not have a |
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| 34 | 36 | | greater qualification a veteran's employment preference, in the |
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| 35 | 37 | | following order of priority: |
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| 36 | 38 | | (1) a veteran with a disability; |
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| 37 | 39 | | (2) a veteran; |
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| 38 | 40 | | (3) a spouse of a veteran with a disability as |
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| 39 | 41 | | described by Section 657.002(4); |
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| 40 | 42 | | (4) a veteran's surviving spouse who has not |
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| 41 | 43 | | remarried; and |
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| 42 | 44 | | (5) [(4)] an orphan of a veteran if the veteran was |
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| 43 | 45 | | killed while on active duty. |
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| 44 | 46 | | SECTION 3. Section 657.005(b), Government Code, is amended |
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| 45 | 47 | | to read as follows: |
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| 46 | 48 | | (b) An applicant who is either a veteran with a disability |
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| 47 | 49 | | or a spouse of a veteran with a disability as described by Section |
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| 48 | 50 | | 657.002(4) shall furnish the official records to the individual |
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| 49 | 51 | | whose duty is to fill the position. |
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| 50 | 52 | | SECTION 4. The changes in law made by this Act apply only to |
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| 51 | 53 | | an open position with a state agency for which the state agency |
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| 52 | 54 | | begins accepting applications on or after the effective date of |
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| 53 | 55 | | this Act. An open position with a state agency for which the state |
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| 54 | 56 | | agency begins accepting applications before the effective date of |
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| 55 | 57 | | this Act is governed by the law in effect on the date the state |
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| 56 | 58 | | agency began accepting applications, and the former law is |
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| 57 | 59 | | continued in effect for that purpose. |
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| 58 | 60 | | SECTION 5. This Act takes effect September 1, 2019. |
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