88R11667 LRM-D
 
  By: Wilson H.B. No. 5198
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the entitlement of spouses of certain veterans with
disabilities to a veteran's employment preference.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 657.002, Government Code, is amended to
read as follows:
       Sec. 657.002.  INDIVIDUALS QUALIFIED FOR VETERAN'S
EMPLOYMENT PREFERENCE.  The following individuals qualify for a
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; and
             (4)  the spouse of a veteran who has a total disability
permanent in nature resulting from a service-connected disability.
       SECTION 2.  Section 657.003(b), Government Code, is amended
to read as follows:
       (b)  A state agency shall provide to an individual entitled
to a veteran's employment preference for employment or appointment
over other applicants for the same position 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 spouse of a veteran as described by Section
657.002(4);
             (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.
       SECTION 3.  Section 657.005(b), Government Code, is amended
to read as follows:
       (b)  An applicant who is either a veteran with a disability
or a spouse of a veteran as described by Section 657.002(4) shall
furnish the official records to the individual whose duty is to fill
the position.
       SECTION 4.  The changes in law made by this Act 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 5.  This Act takes effect September 1, 2023.

Statutes affected:
Introduced: Government Code 657.002, Government Code 657.003, Government Code 657.005 (Government Code 657)