17 | | - | Sec. 434.451. DEFINITIONS. In this subchapter: |
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18 | | - | (1) "Active military service" has the meaning assigned |
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19 | | - | by Section 437.001. |
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20 | | - | (2) "DD Form 214" means any edition of United States |
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21 | | - | Department of Defense Form 214 (Certificate of Release or Discharge |
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22 | | - | from Active Duty). |
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23 | | - | (3) "Military discharge record" means a document |
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24 | | - | issued to a service member of the armed forces of the United States |
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25 | | - | or the Texas Military Forces showing the service member's release |
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26 | | - | or discharge from active military service. The term includes DD |
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27 | | - | Form 214. |
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28 | | - | (4) "Separation code" means: |
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29 | | - | (A) an alphanumeric code found in block 26 of the |
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30 | | - | edition of DD Form 214 dated 01 August 2009; or |
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31 | | - | (B) a numeric code commonly known as a separation |
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32 | | - | program code used on a previous edition of DD Form 214. |
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33 | | - | Sec. 434.452. CERTAIN PERSONS CONSIDERED HONORABLY |
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34 | | - | DISCHARGED. (a) The State of Texas recognizes a person as having |
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35 | | - | been honorably discharged from active military service if: |
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36 | | - | (1) according to the person's military discharge |
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37 | | - | record, the person was dishonorably discharged, or resigned, |
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38 | | - | retired, or otherwise separated from active military service on the |
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39 | | - | basis of the person's sexual orientation; and |
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40 | | - | (2) based on any previous characterization of service, |
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41 | | - | the person would have otherwise received a more favorable character |
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42 | | - | of discharge. |
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43 | | - | (b) For purposes of Subsection (a)(1), a person is |
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44 | | - | considered to have been dishonorably discharged or to have |
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45 | | - | resigned, retired, or otherwise separated from active military |
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46 | | - | service on the basis of the person's sexual orientation if: |
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47 | | - | (1) any of the following separation codes appear on |
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48 | | - | the person's DD Form 214 and represent a ground on which the person |
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49 | | - | was released or discharged from the armed forces of the United |
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50 | | - | States: |
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51 | | - | (A) BLC; |
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52 | | - | (B) BML; |
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53 | | - | (C) BRA; |
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54 | | - | (D) BRB; |
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55 | | - | (E) BRC; |
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56 | | - | (F) DLC; |
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57 | | - | (G) GKC; |
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58 | | - | (H) GLC; |
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59 | | - | (I) GML; |
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60 | | - | (J) GRA; |
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61 | | - | (K) GRB; |
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62 | | - | (L) GRC; |
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63 | | - | (M) HLC; |
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64 | | - | (N) HRA; |
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65 | | - | (O) HRB; |
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66 | | - | (P) HRC; |
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67 | | - | (Q) HWL; |
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68 | | - | (R) JB; |
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69 | | - | (S) JJB; |
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70 | | - | (T) JKC; |
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71 | | - | (U) JLC; |
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72 | | - | (V) JML; |
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73 | | - | (W) JRA; |
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74 | | - | (X) JRB; |
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75 | | - | (Y) JRC; |
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76 | | - | (Z) KRA; |
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77 | | - | (AA) KRB; |
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78 | | - | (BB) KRC; |
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79 | | - | (CC) RA; |
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80 | | - | (DD) RC; |
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81 | | - | (EE) 249; |
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82 | | - | (FF) 250; |
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83 | | - | (GG) 251; |
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84 | | - | (HH) 252; |
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85 | | - | (II) 253; |
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86 | | - | (JJ) 255; |
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87 | | - | (KK) 256; |
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88 | | - | (LL) 257; or |
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89 | | - | (MM) 586; or |
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90 | | - | (2) any other ground for release or discharge from |
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91 | | - | active military service based on sexual orientation, including a |
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92 | | - | predecessor or successor to a separation code listed in Subdivision |
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93 | | - | (1), appears on the person's military discharge record. |
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94 | | - | Sec. 434.453. ENTITLEMENT TO BENEFITS, RIGHTS, PRIVILEGES, |
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95 | | - | AND IMMUNITIES. Notwithstanding any other law, a person recognized |
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96 | | - | as having been honorably discharged under Section 434.452(a) is |
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97 | | - | entitled to all benefits, rights, privileges, and immunities |
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98 | | - | provided by this state or under state law to an honorably discharged |
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99 | | - | veteran. |
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100 | | - | Sec. 434.454. PROOF OF CERTAIN DISCHARGE. For purposes of |
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101 | | - | this subchapter, an agency or officer of this state shall accept a |
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102 | | - | copy of a person's DD Form 214 identified or commonly known as |
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103 | | - | "Service 2 Copy" or "Member 4 Copy." |
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| 15 | + | Sec. 434.451. CERTAIN PERSONS CONSIDERED HONORABLY |
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| 16 | + | DISCHARGED. (a) Notwithstanding any other law, a person is |
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| 17 | + | considered to have been honorably discharged from the armed forces |
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| 18 | + | of the United States or the Texas military forces for purposes of |
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| 19 | + | state law if the person was dishonorably discharged solely on the |
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| 20 | + | basis of the person's sexual orientation or gender identity. |
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| 21 | + | (b) A person considered to have been honorably discharged |
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| 22 | + | under Subsection (a) is entitled to all benefits, rights, |
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| 23 | + | privileges, and immunities provided by state law to an honorably |
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| 24 | + | discharged veteran. |
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