81R21410 MCK-D
  By: Orr, Rodriguez, Parker H.B. No. 1043
  Substitute the following for H.B. No. 1043:
  By:  Strama C.S.H.B. No. 1043
  relating to the creation of business opportunities for certain
  former foster children.
         SECTION 1.  Subtitle B, Title 6, Government Code, is amended
  by adding Chapter 672 to read as follows:
         Sec. 672.001.  DEFINITION. In this chapter, "state agency"
  means a department, commission, board, office, or other agency in
  the executive branch of state government created by the state
  constitution or a state statute, including an institution of higher
  education as defined by Section 61.003, Education Code.
         Sec. 672.002.  EMPLOYMENT PREFERENCE. (a)  An individual
  who was under the permanent managing conservatorship of the
  Department of Family and Protective Services on the day preceding
  the individual's 18th birthday is entitled to a preference in
  employment with a state agency over other applicants for the same
  position who do not have a greater qualification.
         (b)  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 an employment
  preference under this chapter 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.
         (c)  This chapter does not apply to:
               (1)  the position of private secretary or deputy of an
  official or department; or
               (2)  an individual holding a strictly confidential
  relation to the employing officer.
         Sec. 672.003.  FEDERAL LAW AND GRANTS. To the extent that
  this chapter conflicts with federal law or a limitation provided by
  a federal grant to a state agency, this chapter shall be construed
  to operate in harmony with the federal law or limitation of the
  federal grant.
  WORKFORCE. (a) An individual entitled to a hiring preference under
  this chapter is also entitled to a preference in retaining
  employment if the state agency that employs the individual reduces
  its workforce.
         (b)  The preference granted under this section applies only
  to the extent that a reduction in workforce by an employing state
  agency involves other employees of a similar type or
  STATE AGENCY. (a) An individual entitled to an employment
  preference under this chapter who is aggrieved by a decision of a
  state agency to which this chapter applies relating to hiring 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 governing body of the state agency under
  this section.
         (b)  The governing body 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
  governing body receives the complaint. The governing body may
  render a different hiring decision than the decision that is the
  subject of the complaint if the governing body determines that the
  employment preference under this chapter was not applied.
         SECTION 2.  Section 2303.402(c), Government Code, is amended
  to read as follows:
         (c)  For the purposes of this section, an economically
  disadvantaged individual is an individual who:
               (1)  was unemployed for at least three months before
  obtaining employment with the qualified business;
               (2)  receives public assistance benefits, including
  welfare payments or food stamps, based on need and intended to
  alleviate poverty;
               (3)  is a low-income individual, as defined by Section
  101, Workforce Investment Act of 1998 (29 U.S.C. Section 2801(25));
               (4)  is an individual with a disability, as defined
  by  29 U.S.C. Section 705(20)(A);
               (5)  is an inmate, as defined by Section 498.001;
               (6)  is entering the workplace after being confined in
  a facility operated by the institutional division of the Texas
  Department of Criminal Justice or under contract with the Texas
  Department of Criminal Justice;
               (7)  has been released by the Texas Youth Commission
  and is on parole, if state law provides for such a person to be on
  parole; [or]
               (8)  meets the current low income or moderate income
  limits developed under Section 8, United States Housing Act of 1937
  (42 U.S.C. Section 1437f et seq.); or
               (9)  was under the permanent managing conservatorship
  of the Department of Family and Protective Services on the day
  preceding the individual's 18th birthday.
         SECTION 3.  This Act takes effect September 1, 2009.