Bill Summary – FastDemocracy

      
            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 
         
Statutes affected: 
Introduced: Government Code 657.002, Government Code 657.003, Government Code 657.005 (Government Code 657)
Senate Committee Report: Government Code 657.002, Government Code 657.003, Government Code 657.005 (Government Code 657)
Engrossed: Government Code 657.002, Government Code 657.003, Government Code 657.005 (Government Code 657)
House Committee Report: Government Code 656.027, The heading to Chapter , Government Code 657.002, Government Code 657.002, Government Code 657.003, Government Code 657.0045, Government Code 657.0046, Government Code 657.0047, Government Code 657.010, Penal Code 32.54 (Penal Code 32, Government Code 657, Government Code 656, The heading to Chapter , Government Code 657)
Enrolled: Government Code 656.027, The heading to Chapter , Government Code 657.002, Government Code 657.002, Government Code 657.003, Government Code 657.0045, Government Code 657.0046, Government Code 657.0047, Government Code 657.010, Penal Code 32.54 (Penal Code 32, Government Code 657, Government Code 656, The heading to Chapter , Government Code 657)




	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
Statutes affected: Introduced: Government Code 657.002, Government Code 657.003, Government Code 657.005 (Government Code 657) Senate Committee Report: Government Code 657.002, Government Code 657.003, Government Code 657.005 (Government Code 657) Engrossed: Government Code 657.002, Government Code 657.003, Government Code 657.005 (Government Code 657) House Committee Report: Government Code 656.027, The heading to Chapter , Government Code 657.002, Government Code 657.002, Government Code 657.003, Government Code 657.0045, Government Code 657.0046, Government Code 657.0047, Government Code 657.010, Penal Code 32.54 (Penal Code 32, Government Code 657, Government Code 656, The heading to Chapter , Government Code 657) Enrolled: Government Code 656.027, The heading to Chapter , Government Code 657.002, Government Code 657.002, Government Code 657.003, Government Code 657.0045, Government Code 657.0046, Government Code 657.0047, Government Code 657.010, Penal Code 32.54 (Penal Code 32, Government Code 657, Government Code 656, The heading to Chapter , Government Code 657)