Texas 2019 - 86th Regular

Texas Senate Bill SB1865 Compare Versions

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

Old	New	Differences
1	1	86R10859 JRJ-D
2	2	By: Hinojosa S.B. No. 1865
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain state programs to address the workforce needs
8	8	of members of the United States military and their dependents.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter U, Chapter 51, Education Code, is
11	11	amended by adding Section 51.811 to read as follows:
12	12	Sec. 51.811. PREFERENTIAL ADMISSION: NURSING DEGREE
13	13	PROGRAMS. (a) Each institution of higher education, as defined by
14	14	Section 61.003, that offers a program leading to a baccalaureate
15	15	degree in nursing shall give preference to a person who qualifies
16	16	for a military employment preference under Section 657.002(4),
17	17	Government Code, and applies for admission to the degree program
18	18	over other applicants for the same program who do not have a greater
19	19	qualification.
20	20	(b) If the number of applicants qualified to be admitted to
21	21	a baccalaureate degree program in nursing by an institution of
22	22	higher education under Subsection (a) exceeds the enrollment
23	23	capacity set aside by the institution, the institution shall
24	24	conduct a lottery to award the spaces to eligible applicants.
25	25	SECTION 2. Subchapter Z, Chapter 51, Education Code, is
26	26	amended by adding Section 51.9113 to read as follows:
27	27	Sec. 51.9113. INSTITUTION OF HIGHER EDUCATION MILITARY
28	28	INITIATIVE. (a) In this section, "institution of higher
29	29	education" has the meaning assigned by Section 61.003.
30	30	(b) Each institution of higher education is encouraged to
31	31	recruit and encourage members of the armed forces of the United
32	32	States and their dependents to take advantage of state and federal
33	33	educational benefits to attend the institution.
34	34	(c) Each institution of higher education is encouraged to
35	35	explore opportunities to enter into a partnership between the
36	36	institution and a military base to locate and establish a research
37	37	or extension campus of the institution on the military base to
38	38	encourage the transfer and sharing of resources and provide job
39	39	opportunities to students and alumni of the institution, local
40	40	residents, and military dependents.
41	41	SECTION 3. Section 656.027, Government Code, is amended to
42	42	read as follows:
43	43	Sec. 656.027. MILITARY EMPLOYMENT PREFERENCE [FOR
44	44	VETERANS] ON STATE EMPLOYMENT FORMS. The commission shall include
45	45	on all forms relating to state agency employment that are
46	46	prescribed by the commission under this subchapter or other law a
47	47	statement regarding the requirement prescribed by Chapter 657 that
48	48	each state agency give a military [veterans] employment preference
49	49	until the agency workforce is composed of at least 40 percent
50	50	individuals who qualify for a military employment preference under
51	51	Section 657.002 [veterans].
52	52	SECTION 4. The heading to Chapter 657, Government Code, is
53	53	amended to read as follows:
54	54	CHAPTER 657. MILITARY [VETERAN'S] EMPLOYMENT PREFERENCES
55	55	SECTION 5. Section 657.002, Government Code, is amended to
56	56	read as follows:
57	57	Sec. 657.002. INDIVIDUALS QUALIFIED FOR MILITARY
58	58	[VETERAN'S] EMPLOYMENT PREFERENCE. The following individuals
59	59	qualify for a military [veteran's] employment preference:
60	60	(1) a veteran, including a veteran with a disability;
61	61	(2) a veteran's surviving spouse who has not
62	62	remarried; [and]
63	63	(3) an orphan of a veteran if the veteran was killed
64	64	while on active duty; and
65	65	(4) the spouse of a member of the United States armed
66	66	forces serving on active duty.
67	67	SECTION 6. Section 657.003, Government Code, is amended to
68	68	read as follows:
69	69	Sec. 657.003. MILITARY [VETERAN'S] EMPLOYMENT PREFERENCE.
70	70	(a) An individual who qualifies for a military [veteran's]
71	71	employment preference is entitled to a preference in employment
72	72	with or appointment to a state agency over other applicants for the
73	73	same position who do not have a greater qualification.
74	74	(b) A state agency shall provide to an individual entitled
75	75	to a military [veteran's] employment preference for employment or
76	76	appointment over other applicants for the same position who do not
77	77	have a greater qualification a military [veteran's] employment
78	78	preference, in the following order of priority:
79	79	(1) a veteran with a disability;
80	80	(2) a veteran;
81	81	(3) a spouse of a member of the United States armed
82	82	forces serving on active duty as described by Section 657.002(4);
83	83	(4) a veteran's surviving spouse who has not
84	84	remarried; and
85	85	(5) [(4)] an orphan of a veteran if the veteran was
86	86	killed while on active duty.
87	87	(c) If a state agency requires a competitive examination
88	88	under a merit system or civil service plan for selecting or
89	89	promoting employees, an individual entitled to a military
90	90	[veteran's] employment preference who otherwise is qualified for
91	91	that position and who has received at least the minimum required
92	92	score for the test is entitled to have a service credit of 10 points
93	93	added to the test score. A veteran with a disability is entitled to
94	94	have a service credit of five additional points added to the
95	95	individual's test score.
96	96	(d) An individual entitled to a military [veteran's]
97	97	employment preference is not disqualified from holding a position
98	98	with a state agency because of age or an established
99	99	service-connected disability if the age or disability does not make
100	100	the individual incompetent to perform the duties of the position.
101	101	SECTION 7. Section 657.0045, Government Code, is amended to
102	102	read as follows:
103	103	Sec. 657.0045. DESIGNATION OF OPEN POSITION FOR AND
104	104	IMMEDIATE HIRING OF INDIVIDUAL ENTITLED TO MILITARY [VETERAN'S]
105	105	EMPLOYMENT PREFERENCE. (a) A state agency may designate an open
106	106	position as a military preference [veteran's] position and only
107	107	accept applications for that position from individuals who are
108	108	entitled to a military [veteran's] employment preference under
109	109	Section 657.003.
110	110	(b) Notwithstanding any other law, a state agency may hire
111	111	or appoint for an open position within the agency an individual
112	112	entitled to a military [veteran's] employment preference under
113	113	Section 657.003 without announcing or advertising the position if
114	114	the agency:
115	115	(1) uses the automated labor exchange system
116	116	administered by the Texas Workforce Commission to identify an
117	117	individual who qualifies for a military [veteran's] employment
118	118	preference under this chapter; and
119	119	(2) determines the individual meets the
120	120	qualifications required for the position.
121	121	SECTION 8. Section 657.0047, Government Code, is amended to
122	122	read as follows:
123	123	Sec. 657.0047. INTERVIEWS AT STATE AGENCIES. (a) For each
124	124	announced open position at a state agency, the state agency shall
125	125	interview:
126	126	(1) if the total number of individuals interviewed for
127	127	the position is six or fewer, at least one individual qualified for
128	128	a military [veteran's] employment preference under Section
129	129	657.003; or
130	130	(2) if the total number of individuals interviewed for
131	131	the position is more than six, a number of individuals qualified for
132	132	a military [veteran's] employment preference under Section 657.003
133	133	equal to at least 20 percent of the total number interviewed.
134	134	(b) A state agency that does not receive any applications
135	135	from individuals who qualify for a military [veteran's] employment
136	136	preference under Section 657.003 is not required to comply with
137	137	Subsection (a).
138	138	SECTION 9. Section 657.005(a), Government Code, is amended
139	139	to read as follows:
140	140	(a) The individual whose duty is to appoint or employ an
141	141	applicant for a position with a state agency or an officer or the
142	142	chief administrator of the agency who receives an application for
143	143	appointment or employment by an individual entitled to a military
144	144	[veteran's] employment preference, before appointing or employing
145	145	any individual, shall investigate the qualifications of the
146	146	applicant for the position.
147	147	SECTION 10. Section 657.010, Government Code, is amended to
148	148	read as follows:
149	149	Sec. 657.010. COMPLAINT REGARDING EMPLOYMENT DECISION OF
150	150	STATE AGENCY. (a) An individual entitled to a military [veteran's]
151	151	employment preference under this chapter who is aggrieved by a
152	152	decision of a state agency to which this chapter applies relating to
153	153	hiring or appointing the individual, or relating to retaining the
154	154	individual if the state agency reduces its workforce, may appeal
155	155	the decision by filing a written complaint with the executive
156	156	director of the state agency under this section.
157	157	(b) The executive director of a state agency that receives a
158	158	written complaint under Subsection (a) shall respond to the
159	159	complaint not later than the 15th business day after the date the
160	160	executive director receives the complaint. The executive director
161	161	may render a different hiring or appointment decision than the
162	162	decision that is the subject of the complaint if the executive
163	163	director determines that the military [veteran's] preference was
164	164	not applied.
165	165	SECTION 11. Section 32.54(b), Penal Code, is amended to
166	166	read as follows:
167	167	(b) A person commits an offense if the person:
168	168	(1) uses or claims to hold a military record that the
169	169	person knows:
170	170	(A) is fraudulent;
171	171	(B) is fictitious or has otherwise not been
172	172	granted or assigned to the person; or
173	173	(C) has been revoked; and
174	174	(2) uses or claims to hold that military record:
175	175	(A) in a written or oral advertisement or other
176	176	promotion of a business; or
177	177	(B) with the intent to:
178	178	(i) obtain priority in receiving services
179	179	or resources under Subchapter G, Chapter 302, Labor Code;
180	180	(ii) qualify for a military [veteran's]
181	181	employment preference under Chapter 657, Government Code;
182	182	(iii) obtain a license or certificate to
183	183	practice a trade, profession, or occupation;
184	184	(iv) obtain a promotion, compensation, or
185	185	other benefit, or an increase in compensation or other benefit, in
186	186	employment or in the practice of a trade, profession, or
187	187	occupation;
188	188	(v) obtain a benefit, service, or donation
189	189	from another person;
190	190	(vi) obtain admission to an educational
191	191	program in this state; or
192	192	(vii) gain a position in state government
193	193	with authority over another person, regardless of whether the actor
194	194	receives compensation for the position.
195	195	SECTION 12. (a) The change in law made by this Act applies
196	196	beginning with admissions for the 2020 fall semester.
197	197	(b) Each institution of higher education shall adopt
198	198	policies relating to the admission of students under Section
199	199	51.811, Education Code, as added by this Act, not later than January
200	200	1, 2020.
201	201	SECTION 13. The changes in law made by this Act to Chapter
202	202	657, Government Code, apply only to an open position with a state
203	203	agency for which the state agency begins accepting applications on
204	204	or after the effective date of this Act. An open position with a
205	205	state agency for which the state agency begins accepting
206	206	applications before the effective date of this Act is governed by
207	207	the law in effect on the date the state agency began accepting
208	208	applications, and the former law is continued in effect for that
209	209	purpose.
210	210	SECTION 14. This Act takes effect September 1, 2019.