S.B. No. 1376
AN ACT
relating to an employment preference for members of the military
and their spouses for positions at state agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 656.027, Government Code, is amended to
read as follows:
Sec. 656.027. MILITARY EMPLOYMENT PREFERENCE [FOR
VETERANS] ON STATE EMPLOYMENT FORMS. The commission shall include
on all forms relating to state agency employment that are
prescribed by the commission under this subchapter or other law a
statement regarding the requirement prescribed by Chapter 657 that
each state agency give a military [veterans] employment preference
until the agency workforce is composed of at least 20 [40] percent
individuals who qualify for a military employment preference under
Section 657.002 [veterans].
SECTION 2. The heading to Chapter 657, Government Code, is
amended to read as follows:
CHAPTER 657. MILITARY [VETERAN'S] EMPLOYMENT PREFERENCES
SECTION 3. Section 657.002, Government Code, is amended to
read as follows:
Sec. 657.002. INDIVIDUALS QUALIFIED FOR MILITARY
[VETERAN'S] EMPLOYMENT PREFERENCE. The following individuals
qualify for a military [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;
(4) the spouse of a member of the United States armed
forces or Texas National Guard serving on active duty; and
(5) 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 4. Section 657.003, Government Code, is amended to
read as follows:
Sec. 657.003. MILITARY [VETERAN'S] EMPLOYMENT PREFERENCE.
(a) An individual who qualifies for a military [veteran's]
employment preference is entitled to a preference in employment
with or appointment to a state agency over other applicants for the
same position who do not have a greater qualification.
(b) A state agency shall provide to an individual entitled
to a military [veteran's] employment preference for employment or
appointment over other applicants for the same position who do not
have a greater qualification a military [veteran's] employment
preference, in the following order of priority:
(1) a veteran with a disability;
(2) a veteran;
(3) a spouse described by Section 657.002(4) or (5);
(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.
(c) If a state agency requires a competitive examination
under a merit system or civil service plan for selecting or
promoting employees, an individual entitled to a military
[veteran's] employment preference who otherwise is qualified for
that position and who has received at least the minimum required
score for the test is entitled to have a service credit of 10 points
added to the test score. A veteran with a disability is entitled to
have a service credit of five additional points added to the
individual's test score.
(d) An individual entitled to a military [veteran's]
employment preference is not disqualified from holding a position
with a state agency because of age or an established
service-connected disability if the age or disability does not make
the individual incompetent to perform the duties of the position.
SECTION 5. Section 657.0045, Government Code, is amended to
read as follows:
Sec. 657.0045. DESIGNATION OF OPEN POSITION FOR AND
IMMEDIATE HIRING OF INDIVIDUAL ENTITLED TO MILITARY [VETERAN'S]
EMPLOYMENT PREFERENCE. (a) A state agency may designate an open
position as a military preference [veteran's] position and only
accept applications for that position from individuals who are
entitled to a military [veteran's] employment preference under
Section 657.003.
(b) Notwithstanding any other law, a state agency may hire
or appoint for an open position within the agency an individual
entitled to a military [veteran's] employment preference under
Section 657.003 without announcing or advertising the position if
the agency:
(1) uses the automated labor exchange system
administered by the Texas Workforce Commission to identify an
individual who qualifies for a military [veteran's] employment
preference under this chapter; and
(2) determines the individual meets the
qualifications required for the position.
SECTION 6. Section 657.0046, Government Code, is amended to
read as follows:
Sec. 657.0046. STATE AGENCY [VETERAN'S] LIAISON FOR
VETERANS, MILITARY MEMBERS, AND THEIR DEPENDENTS. (a) Each state
agency that has at least 500 full-time equivalent positions shall
designate an individual from the agency to serve as a [veteran's]
liaison for veterans, military members, and their dependents.
(b) A state agency that has fewer than 500 full-time
equivalent positions may designate an individual from the agency to
serve as the [a veteran's] liaison described by Subsection (a).
(c) Each state agency that designates a [veteran's] liaison
under this section shall make available on the agency's Internet
website the liaison's individual work contact information.
SECTION 7. Section 657.0047, Government Code, is amended to
read as follows:
Sec. 657.0047. INTERVIEWS AT STATE AGENCIES. (a) For each
announced open position at a state agency, the state agency shall
interview:
(1) if the total number of individuals interviewed for
the position is six or fewer, at least one individual qualified for
a military [veteran's] employment preference under Section
657.003; or
(2) if the total number of individuals interviewed for
the position is more than six, a number of individuals qualified for
a military [veteran's] employment preference under Section 657.003
equal to at least 20 percent of the total number interviewed.
(b) A state agency that does not receive any applications
from individuals who qualify for a military [veteran's] employment
preference under Section 657.003 is not required to comply with
Subsection (a).
SECTION 8. Section 657.005(a), Government Code, is amended
to read as follows:
(a) The individual whose duty is to appoint or employ an
applicant for a position with a state agency or an officer or the
chief administrator of the agency who receives an application for
appointment or employment by an individual entitled to a military
[veteran's] employment preference, before appointing or employing
any individual, shall investigate the qualifications of the
applicant for the position.
SECTION 9. Section 657.010, Government Code, is amended to
read as follows:
Sec. 657.010. COMPLAINT REGARDING EMPLOYMENT DECISION OF
STATE AGENCY. (a) An individual entitled to a military [veteran's]
employment preference under this chapter who is aggrieved by a
decision of a state agency to which this chapter applies relating to
hiring or appointing the individual, or relating to retaining the
individual if the state agency reduces its workforce, may appeal
the decision by filing a written complaint with the executive
director of the state agency under this section.
(b) The executive director of a state agency that receives a
written complaint under Subsection (a) shall respond to the
complaint not later than the 15th business day after the date the
executive director receives the complaint. The executive director
may render a different hiring or appointment decision than the
decision that is the subject of the complaint if the executive
director determines that the military [veteran's] preference was
not applied.
SECTION 10. Section 32.54(b), Penal Code, is amended to
read as follows:
(b) A person commits an offense if the person:
(1) uses or claims to hold a military record that the
person knows:
(A) is fraudulent;
(B) is fictitious or has otherwise not been
granted or assigned to the person; or
(C) has been revoked; and
(2) uses or claims to hold that military record:
(A) in a written or oral advertisement or other
promotion of a business; or
(B) with the intent to:
(i) obtain priority in receiving services
or resources under Subchapter G, Chapter 302, Labor Code;
(ii) qualify for a military [veteran's]
employment preference under Chapter 657, Government Code;
(iii) obtain a license or certificate to
practice a trade, profession, or occupation;
(iv) obtain a promotion, compensation, or
other benefit, or an increase in compensation or other benefit, in
employment or in the practice of a trade, profession, or
occupation;
(v) obtain a benefit, service, or donation
from another person;
(vi) obtain admission to an educational
program in this state; or
(vii) gain a position in state government
with authority over another person, regardless of whether the actor
receives compensation for the position.
SECTION 11. The changes in law made by this Act to Chapter
657, Government Code, 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 12. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1376 passed the Senate on
April 20, 2023, by the following vote: Yeas 30, Nays 1; and that
the Senate concurred in House amendments on May 27, 2023, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1376 passed the House, with
amendments, on May 24, 2023, by the following vote: Yeas 138,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor