Bill Text: TX SB805 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to the employment of individuals qualified for a veteran's employment preference.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-05-28 - Effective on 9/1/15 [SB805 Detail]

Download: Texas-2015-SB805-Enrolled.html

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S.B. No. 805

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