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AN ACT
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relating to the employment of individuals qualified for a veteran's |
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employment preference. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Military Veterans' |
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Full Employment Act. |
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SECTION 2. Chapter 657, Government Code, is amended to read |
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as follows: |
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CHAPTER 657. VETERAN'S EMPLOYMENT PREFERENCES |
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Sec. 657.001. DEFINITIONS. In this chapter: |
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(1) "State agency" means a board, commission, council, |
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committee, department, office, agency, or other governmental |
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entity in the executive, legislative, or judicial branch of state |
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government, including an institution of higher education as defined |
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by Section 61.003, Education Code. ["Established
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service-connected disability" means a disability that has been or
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may be established by official records.] |
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(2) "Veteran" has the meaning assigned by Section |
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2308.251. |
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(3) "Veteran with a disability" means a veteran who is |
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classified as disabled by the United States Department of Veterans |
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Affairs or its successor or the branch of the service in which the |
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veteran served and whose disability is service-connected. ["Public
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entity" means a public department, commission, board, or agency.] |
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Sec. 657.002. INDIVIDUALS QUALIFIED FOR [ENTITLED TO] |
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VETERAN'S EMPLOYMENT PREFERENCE. The following individuals |
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qualify [(a) A veteran qualifies] for a veteran's employment |
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preference [if the veteran]: |
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(1) a veteran, including a veteran with a disability |
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[served in the military for not less than 90 consecutive days during
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a national emergency declared in accordance with federal law or was
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discharged from military service for an established
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service-connected disability]; |
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(2) a [was honorably discharged from military service;
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and
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[(3) is competent.
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[(b) A] veteran's surviving spouse who has not remarried; |
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and |
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(3) [or] an orphan of a veteran [qualifies for a
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veteran's employment preference] if[:
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[(1)] the veteran was killed while on active duty[;
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[(2)
the veteran served in the military for not less
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than 90 consecutive days during a national emergency declared in
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accordance with federal law; and
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[(3) the spouse or orphan is competent]. |
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[(c)
In this section, "veteran" means an individual who
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served in the army, navy, air force, marine corps, or coast guard of
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the United States or in an auxiliary service of one of those
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branches of the armed forces.] |
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Sec. 657.003. VETERAN'S EMPLOYMENT PREFERENCE. (a) An |
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individual who qualifies for a veteran's employment preference is |
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entitled to a preference in employment with or appointment to a |
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state agency [public entity or for a public work of this state] over |
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other applicants for the same position who do not have a greater |
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qualification. |
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(b) A state agency shall provide to an individual [An
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individual who has an established service-connected disability and
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is] entitled to a veteran's employment preference [is entitled to
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preference] for employment or appointment [in a position for which
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a competitive examination is not held] over [all] other applicants |
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for the same position [without a service-connected disability and] |
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who do not have a greater qualification a veteran's employment |
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preference, in the following order of priority: |
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(1) a veteran with a disability; |
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(2) a veteran; |
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(3) a veteran's surviving spouse who has not |
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remarried; and |
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(4) an orphan of a veteran if the veteran was killed |
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while on active duty. |
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(c) If a state agency [public entity or public work of this
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state] requires a competitive examination under a merit system or |
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civil service plan for selecting or promoting employees, an |
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individual entitled to a veteran's employment preference who |
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otherwise is qualified for that position and who has received at |
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least the minimum required score for the test is entitled to have a |
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service credit of 10 points added to the test score. A veteran with |
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a disability [An individual who has an established
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service-connected disability] is entitled to have a service credit |
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of five additional points added to the individual's test score. |
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(d) An individual entitled to a veteran's employment |
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preference is not disqualified from holding a position with a state |
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agency [public entity or public work of this state] because of age |
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or an established service-connected disability if the age or |
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disability does not make the individual incompetent to perform the |
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duties of the position. |
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[(e) This chapter does not apply to:
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[(1)
the position of private secretary or deputy of an
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official or department; or
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[(2)
a person holding a strictly confidential relation
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to the appointing or employing officer.] |
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Sec. 657.004. VETERAN EMPLOYMENT GOAL [PREFERENCE
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REQUIRED] FOR STATE AGENCIES [PUBLIC ENTITIES AND PUBLIC WORKS]. |
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(a) Each state agency shall establish a goal of hiring, in |
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full-time positions at the agency, a number of veterans equal to at |
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least 20 [An individual whose duty is to appoint or employ
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individuals for a public entity or public work of this state shall
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give preference in hiring to individuals entitled to a veteran's
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employment preference so that at least 40] percent of the total |
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number of employees of the state agency [public entity or public
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work are selected from individuals given that preference.
A public
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entity or public work that does not have 40 percent of its employees
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who are entitled to the preference shall, in filling vacancies,
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give preferences to individuals entitled to a veteran's employment
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preference until it does have at least 40 percent of its employees
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who are entitled to the preference]. |
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(b) A state agency may establish a veteran employment goal |
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that is greater than the percentage required under Subsection (a) |
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[A public entity or public work shall, when possible, give 10
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percent of the preferences granted under this chapter to qualified
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veterans discharged from the armed services of the United States
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within the preceding 18 months.
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[(c)
A public entity or public work that has at least 40
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percent of its employees who are entitled to the preference is
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exempt from the requirements of Section 657.005]. |
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Sec. 657.0045. DESIGNATION OF OPEN POSITION FOR AND |
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IMMEDIATE HIRING OF INDIVIDUAL ENTITLED TO VETERAN'S EMPLOYMENT |
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PREFERENCE. (a) A state agency may designate an open position as a |
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veteran's position and only accept applications for that position |
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from individuals who are entitled to a veteran's employment |
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preference under Section 657.003. |
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(b) Notwithstanding any other law, a state agency may hire |
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or appoint for an open position within the agency an individual |
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entitled to a veteran's employment preference under Section 657.003 |
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without announcing or advertising the position if the agency: |
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(1) uses the automated labor exchange system |
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administered by the Texas Workforce Commission to identify an |
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individual who qualifies for a veteran's employment preference |
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under this chapter; and |
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(2) determines the individual meets the |
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qualifications required for the position. |
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Sec. 657.0046. STATE AGENCY VETERAN'S LIAISON. (a) Each |
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state agency that has at least 500 full-time equivalent positions |
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shall designate an individual from the agency to serve as a |
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veteran's liaison. |
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(b) A state agency that has fewer than 500 full-time |
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equivalent positions may designate an individual from the agency to |
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serve as a veteran's liaison. |
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(c) Each state agency that designates a veteran's liaison |
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shall make available on the agency's Internet website the liaison's |
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individual work contact information. |
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Sec. 657.0047. INTERVIEWS AT STATE AGENCIES. (a) For each |
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announced open position at a state agency, the state agency shall |
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interview: |
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(1) if the total number of individuals interviewed for |
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the position is six or fewer, at least one individual qualified for |
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a veteran's employment preference under Section 657.003; or |
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(2) if the total number of individuals interviewed for |
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the position is more than six, a number of individuals qualified for |
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a veteran's employment preference under Section 657.003 equal to at |
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least 20 percent of the total number interviewed. |
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(b) A state agency that does not receive any applications |
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from individuals who qualify for a veteran's employment preference |
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under Section 657.003 is not required to comply with Subsection |
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(a). |
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Sec. 657.005. EMPLOYMENT INVESTIGATION. (a) The |
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individual whose duty is to appoint or employ an applicant for a |
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position with a [public entity or public work of this] state agency |
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or an officer or the chief administrator of the agency [entity or
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work] who receives an application for appointment or employment by |
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an individual entitled to a veteran's employment preference, before |
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appointing or employing any individual, shall investigate the |
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qualifications of the applicant for the position. [If the
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applicant is of good moral character and can perform the duties of
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the position, the officer, chief executive, or individual whose
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duty is to appoint or employ shall appoint or employ the applicant
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for the position.] |
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(b) An applicant who is a veteran with a [an established
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service-connected] disability shall furnish the official records |
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to the individual whose duty is to fill the position. |
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Sec. 657.006. FEDERAL LAW AND GRANTS. To the extent that |
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this chapter conflicts with federal law or a limitation provided by |
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a federal grant to a state agency [public entity], this chapter |
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shall be construed to operate in harmony with the federal law or |
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limitation of the federal grant. |
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Sec. 657.007. PREFERENCE APPLICABLE TO REDUCTION IN |
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WORKFORCE. (a) An individual entitled to a hiring or appointment |
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preference under this chapter is also entitled to a preference in |
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retaining employment if the state agency [public entity] that |
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employs or appoints the individual reduces its workforce. |
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(b) The preference granted under this section applies only |
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to the extent that a reduction in workforce by an employing state |
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agency [public entity] involves other employees of a similar type |
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or classification. |
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Sec. 657.008. REPORTING REQUIREMENTS. (a) A state agency |
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[public entity] shall file quarterly with the comptroller a report |
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that states: |
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(1) the percentage of the total number of employees |
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hired or appointed by the agency [entity] during the reporting |
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period who are persons entitled to a preference under this chapter; |
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(2) the percentage of the total number of the agency's |
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[entity's] employees who are persons entitled to a preference under |
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this chapter; and |
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(3) the number of complaints filed with the executive |
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director [governing body] of the agency [entity] under Section |
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657.010 during that quarter and the number of those complaints |
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resolved by the executive director [governing body]. |
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(b) The comptroller shall make each quarterly report filed |
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under Subsection (a) available to the public on the comptroller's |
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Internet website. |
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(c) Not later than December 1 of each year, the [The] |
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comptroller shall file [annually] with the legislature a report |
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that compiles and analyzes information that the comptroller |
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receives from state agencies [public entities] under Subsection |
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(a). |
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Sec. 657.009. STATE AGENCIES [PUBLIC ENTITIES] TO LIST |
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POSITIONS WITH TEXAS WORKFORCE COMMISSION. (a) A state agency |
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[public entity] shall provide to the Texas Workforce Commission, |
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under rules adopted under this section by the commission, |
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information regarding an open position that is subject to the |
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hiring or appointment preference required by this chapter. |
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(b) The Texas Workforce Commission shall make available to |
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the public the information provided by a state agency [public
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entity] under Subsection (a). |
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(c) To promote the purposes of this chapter, the Texas |
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Workforce Commission shall adopt rules under this section that |
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facilitate the exchange of employment information between state |
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agencies [public entities] and individuals entitled to a preference |
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under this chapter. |
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(d) The Texas Workforce Commission shall adopt forms and |
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procedures necessary to administer this section. |
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Sec. 657.010. COMPLAINT REGARDING EMPLOYMENT DECISION OF |
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STATE AGENCY [PUBLIC ENTITY OR PUBLIC WORK]. (a) An individual |
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entitled to a veteran's employment preference under this chapter |
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who is aggrieved by a decision of a state agency [public entity or
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public work of this state] to which this chapter applies relating to |
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hiring or appointing the individual, or relating to retaining the |
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individual if the state agency [entity or work] reduces its |
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workforce, may appeal the decision by filing a written complaint |
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with the executive director [governing body] of the state agency |
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[public entity or public work] under this section. |
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(b) The executive director [governing body] of a state |
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agency [public entity or public work] that receives a written |
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complaint under Subsection (a) shall respond to the complaint not |
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later than the 15th business day after the date the executive |
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director [governing body] receives the complaint. The executive |
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director [governing body] may render a different hiring or |
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appointment decision than the decision that is the subject of the |
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complaint if the executive director [governing body] determines |
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that the veteran's preference was not applied. |
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SECTION 3. Subtitle A, Title 2, Labor Code, is amended by |
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adding Chapter 23 to read as follows: |
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CHAPTER 23. VOLUNTARY VETERAN'S EMPLOYMENT PREFERENCE FOR PRIVATE |
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EMPLOYERS |
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Sec. 23.001. DEFINITION. In this chapter, "veteran" means |
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an individual who: |
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(1) has served on active duty in the armed forces of |
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the United States; and |
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(2) was honorably discharged from military service. |
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Sec. 23.002. VOLUNTARY PREFERENCE POLICY. (a) A private |
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employer may adopt a policy under which the employer may give a |
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preference in employment decisions regarding hiring, promotion, or |
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retention to a veteran over another qualified applicant or |
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employee. |
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(b) A policy adopted under this section must be in writing. |
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Sec. 23.003. APPLICATION OF POLICY. (a) An employer shall |
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apply any policy adopted under this chapter reasonably and in good |
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faith in employment decisions regarding hiring, promotion, or |
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retention during a reduction in the employer's workforce. |
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(b) An employer may require appropriate documentation from |
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a veteran for the veteran to be eligible for the preference under a |
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policy adopted under this chapter. |
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(c) Granting a preference in accordance with a policy |
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adopted under this chapter does not violate Chapter 21. |
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SECTION 4. (a) The changes in law made by this Act to |
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Chapter 657, Government Code, apply only to an open position with a |
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state agency for which the state agency begins accepting |
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applications on or after the effective date of this Act. An open |
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position with a state agency for which the state agency begins |
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accepting applications before the effective date of this Act is |
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governed by the law in effect on the date the state agency began |
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accepting applications, and the former law is continued in effect |
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for that purpose. |
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(b) Chapter 23, Labor Code, as added by this Act, applies |
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only to an employment decision made on or after the effective date |
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of this Act. An employment decision made before the effective date |
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of this Act is governed by the law in effect on the date the decision |
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was made, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 805 passed the Senate on |
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March 30, 2015, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendments on May 19, 2015, by the |
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following vote: Yeas 28, Nays 3. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 805 passed the House, with |
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amendments, on May 12, 2015, by the following vote: Yeas 134, |
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Nays 11, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |