Bill Text: TX HB1534 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to recognizing persons who separated from military service solely on the basis of sexual orientation as honorably discharged veterans under state law.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2023-03-03 - Referred to Defense & Veterans' Affairs [HB1534 Detail]

Download: Texas-2023-HB1534-Introduced.html

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88R4225 JCG-D
By: Gervin-Hawkins H.B. No. 1534

A BILL TO BE ENTITLED
AN ACT
relating to recognizing persons who separated from military service
solely on the basis of sexual orientation as honorably discharged
veterans under state law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 434, Government Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. BENEFITS, RIGHTS, PRIVILEGES, AND IMMUNITIES OF
CERTAIN VETERANS
Sec. 434.451. DEFINITIONS. In this subchapter:
(1) "Active military service" has the meaning assigned
by Section 437.001.
(2) "DD Form 214" means any edition of United States
Department of Defense Form 214 (Certificate of Release or Discharge
from Active Duty).
(3) "Military discharge record" means a document
issued to a service member of the armed forces of the United States
or the Texas Military Forces showing the service member's release
or discharge from active military service. The term includes DD
Form 214.
(4) "Separation code" means:
(A) an alphanumeric code found in block 26 of the
edition of DD Form 214 dated August 2009; or
(B) a numeric code commonly known as a separation
program code used on a previous edition of DD Form 214.
Sec. 434.452. CERTAIN PERSONS CONSIDERED HONORABLY
DISCHARGED. (a) The State of Texas recognizes a person as having
been honorably discharged from active military service if:
(1) according to the person's military discharge
record, the person on the basis of the person's sexual orientation:
(A) was dishonorably discharged; or
(B) resigned, retired, or otherwise separated
from active military service; and
(2) based on any previous characterization of service,
the person would have otherwise received a more favorable character
of discharge.
(b) For purposes of Subsection (a)(1), a person is
considered to have been dishonorably discharged or to have
resigned, retired, or otherwise separated from active military
service on the basis of the person's sexual orientation if:
(1) any of the following separation codes appear on
the person's DD Form 214 and represent a ground on which the person
was released or discharged from the armed forces of the United
States:
(A) BLC;
(B) BML;
(C) BRA;
(D) BRB;
(E) BRC;
(F) DLC;
(G) GKC;
(H) GLC;
(I) GML;
(J) GRA;
(K) GRB;
(L) GRC;
(M) HLC;
(N) HRA;
(O) HRB;
(P) HRC;
(Q) HWL;
(R) JB;
(S) JJB;
(T) JKC;
(U) JLC;
(V) JML;
(W) JRA;
(X) JRB;
(Y) JRC;
(Z) KRA;
(AA) KRB;
(BB) KRC;
(CC) RA;
(DD) RC;
(EE) 249;
(FF) 250;
(GG) 251;
(HH) 252;
(II) 253;
(JJ) 255;
(KK) 256;
(LL) 257; or
(MM) 586; or
(2) any other ground for release or discharge from
active military service based on sexual orientation, including a
predecessor or successor to a separation code listed in Subdivision
(1), appears on the person's military discharge record.
Sec. 434.453. ENTITLEMENT TO BENEFITS, RIGHTS, PRIVILEGES,
AND IMMUNITIES. Notwithstanding any other law, a person recognized
as having been honorably discharged under Section 434.452(a) is
entitled to all benefits, rights, privileges, and immunities
provided by this state or under state law to an honorably discharged
veteran.
Sec. 434.454. PROOF OF CERTAIN DISCHARGE. For purposes of
this subchapter, an agency or officer of this state shall accept a
copy of a person's DD Form 214 identified or commonly known as
"Service 2 Copy" or "Member 4 Copy."
SECTION 2. This Act takes effect September 1, 2023.