| 1 | 1 | | 87S10026 JCG-D |
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| 2 | 2 | | By: Gervin-Hawkins H.B. No. 28 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to recognizing persons who separated from military service |
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| 8 | 8 | | solely on the basis of sexual orientation as honorably discharged |
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| 9 | 9 | | veterans under state law. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 434, Government Code, is amended by |
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| 12 | 12 | | adding Subchapter J to read as follows: |
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| 13 | 13 | | SUBCHAPTER J. BENEFITS, RIGHTS, PRIVILEGES, AND IMMUNITIES OF |
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| 14 | 14 | | CERTAIN VETERANS |
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| 15 | 15 | | Sec. 434.451. DEFINITIONS. In this subchapter: |
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| 16 | 16 | | (1) "Active military service" has the meaning assigned |
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| 17 | 17 | | by Section 437.001. |
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| 18 | 18 | | (2) "DD Form 214" means any edition of United States |
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| 19 | 19 | | Department of Defense Form 214 (Certificate of Release or Discharge |
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| 20 | 20 | | from Active Duty). |
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| 21 | 21 | | (3) "Military discharge record" means a document |
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| 22 | 22 | | issued to a service member of the armed forces of the United States |
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| 23 | 23 | | or the Texas Military Forces showing the service member's release |
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| 24 | 24 | | or discharge from active military service. The term includes DD |
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| 25 | 25 | | Form 214. |
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| 26 | 26 | | (4) "Separation code" means: |
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| 27 | 27 | | (A) an alphanumeric code found in block 26 of the |
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| 28 | 28 | | edition of DD Form 214 dated 01 August 2009; or |
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| 29 | 29 | | (B) a numeric code commonly known as a separation |
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| 30 | 30 | | program code used on a previous edition of DD Form 214. |
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| 31 | 31 | | Sec. 434.452. CERTAIN PERSONS CONSIDERED HONORABLY |
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| 32 | 32 | | DISCHARGED. (a) The State of Texas recognizes a person as having |
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| 33 | 33 | | been honorably discharged from active military service if: |
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| 34 | 34 | | (1) according to the person's military discharge |
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| 35 | 35 | | record, the person was dishonorably discharged, or resigned, |
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| 36 | 36 | | retired, or otherwise separated from active military service on the |
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| 37 | 37 | | basis of the person's sexual orientation; and |
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| 38 | 38 | | (2) based on any previous characterization of service, |
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| 39 | 39 | | the person would have otherwise received a more favorable character |
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| 40 | 40 | | of discharge. |
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| 41 | 41 | | (b) For purposes of Subsection (a)(1), a person is |
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| 42 | 42 | | considered to have been dishonorably discharged or to have |
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| 43 | 43 | | resigned, retired, or otherwise separated from active military |
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| 44 | 44 | | service on the basis of the person's sexual orientation if: |
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| 45 | 45 | | (1) any of the following separation codes appear on |
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| 46 | 46 | | the person's DD Form 214 and represent a ground on which the person |
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| 47 | 47 | | was released or discharged from the armed forces of the United |
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| 48 | 48 | | States: |
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| 49 | 49 | | (A) BLC; |
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| 50 | 50 | | (B) BML; |
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| 51 | 51 | | (C) BRA; |
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| 52 | 52 | | (D) BRB; |
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| 53 | 53 | | (E) BRC; |
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| 54 | 54 | | (F) DLC; |
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| 55 | 55 | | (G) GKC; |
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| 56 | 56 | | (H) GLC; |
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| 57 | 57 | | (I) GML; |
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| 58 | 58 | | (J) GRA; |
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| 59 | 59 | | (K) GRB; |
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| 60 | 60 | | (L) GRC; |
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| 61 | 61 | | (M) HLC; |
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| 62 | 62 | | (N) HRA; |
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| 63 | 63 | | (O) HRB; |
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| 64 | 64 | | (P) HRC; |
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| 65 | 65 | | (Q) HWL; |
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| 66 | 66 | | (R) JB; |
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| 67 | 67 | | (S) JJB; |
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| 68 | 68 | | (T) JKC; |
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| 69 | 69 | | (U) JLC; |
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| 70 | 70 | | (V) JML; |
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| 71 | 71 | | (W) JRA; |
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| 72 | 72 | | (X) JRB; |
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| 73 | 73 | | (Y) JRC; |
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| 74 | 74 | | (Z) KRA; |
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| 75 | 75 | | (AA) KRB; |
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| 76 | 76 | | (BB) KRC; |
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| 77 | 77 | | (CC) RA; |
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| 78 | 78 | | (DD) RC; |
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| 79 | 79 | | (EE) 249; |
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| 80 | 80 | | (FF) 250; |
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| 81 | 81 | | (GG) 251; |
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| 82 | 82 | | (HH) 252; |
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| 83 | 83 | | (II) 253; |
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| 84 | 84 | | (JJ) 255; |
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| 85 | 85 | | (KK) 256; |
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| 86 | 86 | | (LL) 257; or |
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| 87 | 87 | | (MM) 586; or |
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| 88 | 88 | | (2) any other ground for release or discharge from |
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| 89 | 89 | | active military service based on sexual orientation, including a |
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| 90 | 90 | | predecessor or successor to a separation code listed in Subdivision |
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| 91 | 91 | | (1), appears on the person's military discharge record. |
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| 92 | 92 | | Sec. 434.453. ENTITLEMENT TO BENEFITS, RIGHTS, PRIVILEGES, |
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| 93 | 93 | | AND IMMUNITIES. Notwithstanding any other law, a person recognized |
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| 94 | 94 | | as having been honorably discharged under Section 434.452(a) is |
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| 95 | 95 | | entitled to all benefits, rights, privileges, and immunities |
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| 96 | 96 | | provided by this state or under state law to an honorably discharged |
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| 97 | 97 | | veteran. |
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| 98 | 98 | | Sec. 434.454. PROOF OF CERTAIN DISCHARGE. For purposes of |
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| 99 | 99 | | this subchapter, an agency or officer of this state shall accept a |
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| 100 | 100 | | copy of a person's DD Form 214 identified or commonly known as |
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| 101 | 101 | | "Service 2 Copy" or "Member 4 Copy." |
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| 102 | 102 | | SECTION 2. This Act takes effect on the 91st day after the |
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| 103 | 103 | | last day of the legislative session. |
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