Enrolled Bill Summary
Legislative Session: 78(R)HOUSE AUTHOR: Wise et al. |
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EFFECTIVE: Vetoed |
SENATE SPONSOR: Van de Putte |
House Bill 76 amends the Government Code to establish enforcement procedures for the law entitling veterans to an employment preference with respect to public entities and public works over other applicants who are not more qualified. Under the procedures, if a public official fails to comply with the law, the entitled individual may file a motion, petition, or other appropriate pleading with the district court to seek compliance. The bill requires the court to order a speedy hearing and to advance the hearing on its calendar. The individual, furthermore, may apply to the district attorney, criminal district attorney, or county attorney for representation. If the attorney reasonably believes that a preference entitlement exists, he or she either must appear and represent the individual in an amicable adjustment of the claim or must file or prosecute the motion, pleading, or other appropriate pleading on the individual's behalf. The bill prohibits the charging of court costs or fees for such filings with a district court. It requires public entities to prepare and make available for public inspection a statement of measures taken by the entity to ensure that veterans receive the employment preference and remedies that are available through the entity if an individual who is entitled to the preference is not hired or appointed.
Reason Given for Veto: "House Bill No. 76 would require county or district attorneys to represent veterans in claims they were not given employment preference allowed under current state law. This is an unfunded mandate and would potentially create a specific hardship in Travis County, where the majority of state employment is available. Further, this bill unnecessarily increases litigation in the state.
"I fully support efforts to employ qualified military veterans, and I encourage all state agencies, boards and commissions to be mindful of the state law that requires veterans to be given hiring preference.