88R11667 LRM-D By: Wilson H.B. No. 5198 A BILL TO BE ENTITLED AN ACT relating to the entitlement of spouses of certain veterans with disabilities to a veteran's employment preference. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 657.002, Government Code, is amended to read as follows: Sec. 657.002. INDIVIDUALS QUALIFIED FOR VETERAN'S EMPLOYMENT PREFERENCE. The following individuals qualify for a veteran's employment preference: (1) a veteran, including a veteran with a disability; (2) a veteran's surviving spouse who has not remarried; [and] (3) an orphan of a veteran if the veteran was killed while on active duty; and (4) the spouse of a veteran who has a total disability permanent in nature resulting from a service-connected disability. SECTION 2. Section 657.003(b), Government Code, is amended to read as follows: (b) A state agency shall provide to an individual entitled to a veteran's employment preference for employment or appointment over other applicants for the same position who do not have a greater qualification a veteran's employment preference, in the following order of priority: (1) a veteran with a disability; (2) a veteran; (3) a spouse of a veteran as described by Section 657.002(4); (4) a veteran's surviving spouse who has not remarried; and (5) [(4)] an orphan of a veteran if the veteran was killed while on active duty. SECTION 3. Section 657.005(b), Government Code, is amended to read as follows: (b) An applicant who is either a veteran with a disability or a spouse of a veteran as described by Section 657.002(4) shall furnish the official records to the individual whose duty is to fill the position. SECTION 4. The changes in law made by this Act apply only to an open position with a state agency for which the state agency begins accepting applications on or after the effective date of this Act. An open position with a state agency for which the state agency begins accepting applications before the effective date of this Act is governed by the law in effect on the date the state agency began accepting applications, and the former law is continued in effect for that purpose. SECTION 5. This Act takes effect September 1, 2023.