By: Parker, Hinojosa S.B. No. 1376
A BILL TO BE ENTITLED
AN ACT
relating to a state employment preference for certain spouses of
veterans with a disability.
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 if the spouse is the
primary source of income for the household and the veteran has a
total disability rating based either on having a service-connected
disability with a disability rating of at least 70 percent or on
individual unemployability.
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 veteran's surviving spouse who has not
remarried; [and]
(4) an orphan of a veteran if the veteran was killed
while on active duty; and
(5) the spouse of a veteran with a disability as
described by Section 657.002(4) if the spouse is the primary source
of income for the veteran's household.
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
as described by Section 657.002(4) or the spouse of a veteran with a
disability as described by Section 657.002(4) if the spouse is the
primary source of income for the veteran's household shall furnish
the official records to the individual whose duty is to fill the
position in a form and manner that demonstrates to the satisfaction
of the individual that the applicant is entitled to the employment
preference.
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.