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