| 1 | 1 | | 86R3291 JCG-D |
|---|
| 2 | 2 | | By: Menéndez S.B. No. 221 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the entitlement of spouses of certain veterans with |
|---|
| 8 | 8 | | disabilities to a veteran's employment preference. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 657.002, Government Code, is amended to |
|---|
| 11 | 11 | | read as follows: |
|---|
| 12 | 12 | | Sec. 657.002. INDIVIDUALS QUALIFIED FOR VETERAN'S |
|---|
| 13 | 13 | | EMPLOYMENT PREFERENCE. The following individuals qualify for a |
|---|
| 14 | 14 | | veteran's employment preference: |
|---|
| 15 | 15 | | (1) a veteran, including a veteran with a disability; |
|---|
| 16 | 16 | | (2) a veteran's surviving spouse who has not |
|---|
| 17 | 17 | | remarried; [and] |
|---|
| 18 | 18 | | (3) an orphan of a veteran if the veteran was killed |
|---|
| 19 | 19 | | while on active duty; and |
|---|
| 20 | 20 | | (4) the spouse of a veteran with a disability if: |
|---|
| 21 | 21 | | (A) the veteran has a total disability rating |
|---|
| 22 | 22 | | based either on having a service-connected disability with a |
|---|
| 23 | 23 | | disability rating of 100 percent or on individual unemployability; |
|---|
| 24 | 24 | | (B) the veteran is receiving Supplemental |
|---|
| 25 | 25 | | Security Income (SSI) benefits under 42 U.S.C. Section 1381 et seq. |
|---|
| 26 | 26 | | or Social Security Disability Insurance (SSDI) benefits under 42 |
|---|
| 27 | 27 | | U.S.C. Section 401 et seq.; and |
|---|
| 28 | 28 | | (C) the spouse was married to the veteran at the |
|---|
| 29 | 29 | | time the veteran separated from the armed services. |
|---|
| 30 | 30 | | SECTION 2. Section 657.003(b), Government Code, is amended |
|---|
| 31 | 31 | | to read as follows: |
|---|
| 32 | 32 | | (b) A state agency shall provide to an individual entitled |
|---|
| 33 | 33 | | to a veteran's employment preference for employment or appointment |
|---|
| 34 | 34 | | over other applicants for the same position who do not have a |
|---|
| 35 | 35 | | greater qualification a veteran's employment preference, in the |
|---|
| 36 | 36 | | following order of priority: |
|---|
| 37 | 37 | | (1) a veteran with a disability; |
|---|
| 38 | 38 | | (2) a veteran; |
|---|
| 39 | 39 | | (3) a spouse of a veteran with a disability as |
|---|
| 40 | 40 | | described by Section 657.002(4); |
|---|
| 41 | 41 | | (4) a veteran's surviving spouse who has not |
|---|
| 42 | 42 | | remarried; and |
|---|
| 43 | 43 | | (5) [(4)] an orphan of a veteran if the veteran was |
|---|
| 44 | 44 | | killed while on active duty. |
|---|
| 45 | 45 | | SECTION 3. Section 657.005(b), Government Code, is amended |
|---|
| 46 | 46 | | to read as follows: |
|---|
| 47 | 47 | | (b) An applicant who is either a veteran with a disability |
|---|
| 48 | 48 | | or a spouse of a veteran with a disability as described by Section |
|---|
| 49 | 49 | | 657.002(4) shall furnish the official records to the individual |
|---|
| 50 | 50 | | whose duty is to fill the position. |
|---|
| 51 | 51 | | SECTION 4. The changes in law made by this Act apply only to |
|---|
| 52 | 52 | | an open position with a state agency for which the state agency |
|---|
| 53 | 53 | | begins accepting applications on or after the effective date of |
|---|
| 54 | 54 | | this Act. An open position with a state agency for which the state |
|---|
| 55 | 55 | | agency begins accepting applications before the effective date of |
|---|
| 56 | 56 | | this Act is governed by the law in effect on the date the state |
|---|
| 57 | 57 | | agency began accepting applications, and the former law is |
|---|
| 58 | 58 | | continued in effect for that purpose. |
|---|
| 59 | 59 | | SECTION 5. This Act takes effect September 1, 2019. |
|---|