Texas 2021 - 87th Regular

Texas House Bill HB4243 Compare Versions

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1-87R20851 JCG-D
1+87R12558 JCG-D
22 By: Gervin-Hawkins H.B. No. 4243
3- Substitute the following for H.B. No. 4243:
4- By: Buckley C.S.H.B. No. 4243
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
9- relating to recognizing persons who separated from military service
10- solely on the basis of sexual orientation as honorably discharged
11- veterans under state law.
7+ relating to treating persons who were dishonorably discharged from
8+ the military solely on the basis of sexual orientation or gender
9+ identity as honorably discharged veterans under state law.
1210 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1311 SECTION 1. Chapter 434, Government Code, is amended by
1412 adding Subchapter J to read as follows:
1513 SUBCHAPTER J. BENEFITS, RIGHTS, PRIVILEGES, AND IMMUNITIES OF
1614 CERTAIN VETERANS
17- Sec. 434.451. DEFINITIONS. In this subchapter:
18- (1) "Active military service" has the meaning assigned
19- by Section 437.001.
20- (2) "DD Form 214" means any edition of United States
21- Department of Defense Form 214 (Certificate of Release or Discharge
22- from Active Duty).
23- (3) "Military discharge record" means a document
24- issued to a service member of the armed forces of the United States
25- or the Texas Military Forces showing the service member's release
26- or discharge from active military service. The term includes DD
27- Form 214.
28- (4) "Separation code" means:
29- (A) an alphanumeric code found in block 26 of the
30- edition of DD Form 214 dated 01 August 2009; or
31- (B) a numeric code commonly known as a separation
32- program code used on a previous edition of DD Form 214.
33- Sec. 434.452. CERTAIN PERSONS CONSIDERED HONORABLY
34- DISCHARGED. (a) The State of Texas recognizes a person as having
35- been honorably discharged from active military service if:
36- (1) according to the person's military discharge
37- record, the person was dishonorably discharged, or resigned,
38- retired, or otherwise separated from active military service on the
39- basis of the person's sexual orientation; and
40- (2) based on any previous characterization of service,
41- the person would have otherwise received a more favorable character
42- of discharge.
43- (b) For purposes of Subsection (a)(1), a person is
44- considered to have been dishonorably discharged or to have
45- resigned, retired, or otherwise separated from active military
46- service on the basis of the person's sexual orientation if:
47- (1) any of the following separation codes appear on
48- the person's DD Form 214 and represent a ground on which the person
49- was released or discharged from the armed forces of the United
50- States:
51- (A) BLC;
52- (B) BML;
53- (C) BRA;
54- (D) BRB;
55- (E) BRC;
56- (F) DLC;
57- (G) GKC;
58- (H) GLC;
59- (I) GML;
60- (J) GRA;
61- (K) GRB;
62- (L) GRC;
63- (M) HLC;
64- (N) HRA;
65- (O) HRB;
66- (P) HRC;
67- (Q) HWL;
68- (R) JB;
69- (S) JJB;
70- (T) JKC;
71- (U) JLC;
72- (V) JML;
73- (W) JRA;
74- (X) JRB;
75- (Y) JRC;
76- (Z) KRA;
77- (AA) KRB;
78- (BB) KRC;
79- (CC) RA;
80- (DD) RC;
81- (EE) 249;
82- (FF) 250;
83- (GG) 251;
84- (HH) 252;
85- (II) 253;
86- (JJ) 255;
87- (KK) 256;
88- (LL) 257; or
89- (MM) 586; or
90- (2) any other ground for release or discharge from
91- active military service based on sexual orientation, including a
92- predecessor or successor to a separation code listed in Subdivision
93- (1), appears on the person's military discharge record.
94- Sec. 434.453. ENTITLEMENT TO BENEFITS, RIGHTS, PRIVILEGES,
95- AND IMMUNITIES. Notwithstanding any other law, a person recognized
96- as having been honorably discharged under Section 434.452(a) is
97- entitled to all benefits, rights, privileges, and immunities
98- provided by this state or under state law to an honorably discharged
99- veteran.
100- Sec. 434.454. PROOF OF CERTAIN DISCHARGE. For purposes of
101- this subchapter, an agency or officer of this state shall accept a
102- copy of a person's DD Form 214 identified or commonly known as
103- "Service 2 Copy" or "Member 4 Copy."
15+ Sec. 434.451. CERTAIN PERSONS CONSIDERED HONORABLY
16+ DISCHARGED. (a) Notwithstanding any other law, a person is
17+ considered to have been honorably discharged from the armed forces
18+ of the United States or the Texas military forces for purposes of
19+ state law if the person was dishonorably discharged solely on the
20+ basis of the person's sexual orientation or gender identity.
21+ (b) A person considered to have been honorably discharged
22+ under Subsection (a) is entitled to all benefits, rights,
23+ privileges, and immunities provided by state law to an honorably
24+ discharged veteran.
10425 SECTION 2. This Act takes effect September 1, 2021.