BILL ANALYSIS
C.S.S.B. 646
By: Barrientos (Cuellar, R.)
May 11, 1995
Committee Report (Substituted)
BACKGROUND
Historically, veterans have been given preference in hiring for
federal jobs because Congress felt that vets have given up job and
career opportunities to serve their country. Present federal
downsizing of the military means that it will be harder to attract
and recruit high-quality individuals to join the military with
decreasing job security and benefits.
PURPOSE
As proposed, C.S.S.B. 646 requires public entities and the Texas
Veterans Commission to file a report stating the percentage of
employees hired by the entity who are entitled to veterans'
employment preferences.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the Texas Employment Commission under SECTION 4 of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 657.001(2), Government Code, to define
"public entity."
SECTION 2. Amends 657.002, Government Code, as follows:
Sec. 657.002. INDIVIDUALS ENTITLED TO VETERAN'S EMPLOYMENT
PREFERENCE. (a) Provides that a veteran qualifies for a
veteran's employment preference if the veteran served in the
military for not less than 90 consecutive days during a
national emergency or was discharged from military service for
an established service-connected disability, was honorably
discharged from military service, and is competent. Deletes
a provision qualifying a widow or orphan of a veteran for a
veteran's employment preference. Deletes reference to
veterans serving in certain wars or conflicts.
(b) Provides that a veteran's surviving spouse who has not
remarried or an orphan of a veteran qualifies for a
veteran's employment preferences if the veteran was killed
while on active duty, the veteran served in the military for
not less than 90 consecutive days during a national
emergency, and the spouse or orphan is competent. Deletes
a provision exempting applicability of this chapter to a
veteran who was a conscientious objector or is receiving or
entitled to receive military retirement pay from the U.S.
(c) Defines "veteran."
SECTION 3. Amends Section 657.004, Government Code, as follows:
Sec. 657.004. New heading: PREFERENCE REQUIRED FOR PUBLIC
ENTITIES AND PUBLIC WORKS. (a) Requires a public entity or
public work that does not have 40 percent of its employees who
are entitled to a preference to 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) Created from existing text. Deletes a reference to a
40 percent quota.
(c) Provides that 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.
SECTION 4. Amends Chapter 657, Government Code, by adding Sections
657.007-657.009, as follows:
Sec. 657.007. PREFERENCE APPLICABLE TO REDUCTION IN
WORKFORCE. (a) Provides that an individual entitled to a
hiring preference under this chapter is also entitled to a
preference in retaining employment if the public entity that
employs the individual reduces its workforce.
(b) Provides that a preference granted under this section
applies only to the extent that a reduction in workforce by
an employing public entity involves other employees of a
similar type or classification.
Sec. 657.008. REPORTING REQUIREMENTS. (a) Requires a public
entity to file quarterly with the comptroller a report stating
the percentage of the total number of employees hired by the
entity during the reporting period who are persons entitled to
a preference; and the percentage of the total number of the
entity's employees who are persons entitled to a preference
under this chapter.
(b) Requires the comptroller to file annually with the
legislature a report that compiles and analyzes information
that the comptroller receives from public entities.
Sec. 657.009. PUBLIC ENTITIES TO LIST POSITIONS WITH TEXAS
EMPLOYMENT COMMISSION. (a) Requires a public entity to
provide to the Texas Employment Commission, under rules
adopted under this section, information regarding an open
position that is subject to the hiring preference required by
this chapter.
(b) Requires the Texas Employment Commission to make
available to the public the information provided by a public
entity under Subsection (a).
(c) Requires the Texas Employment Commission to adopt rules
under this section to facilitate the exchange of employment
information between public entities and individuals entitled
to a preference under this chapter.
(d) Requires the Texas Employment Commission to adopt forms
and procedures necessary to administer this section.
SECTION 5. Requires each public entity subject to Chapter 657,
Government Code, to compile and send to the comptroller the initial
report described by Section 657.008(a), no later than December 31,
1995 and file the second report not later than March 31, 1996.
Requires the comptroller to file an initial report not later than
March 31, 1996, based on information received on or before December
31, 1995.
SECTION 6. Requires the Texas Employment Commission to adopt rules,
forms, and procedures required by Sections 657.009(c) and (d),
Government Code, as added by Section 4 of this Act, no later than
December 31, 1995.
SECTION 7. Effective date: September 1, 1995, except that Sections
657.009(a) and (b), Government Code, take effect January 31, 1996.
SECTION 5. Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute makes no substantive changes to the original.
SUMMARY OF COMMITTEE ACTION
SB 1296 was considered by the Committee on State Affairs in a
formal meeting on May 10, 1995. The committee considered a
complete substitute for the bill. The substitute was adopted
without objection. The bill was reported favorably as substituted
with the recommendation that it do pass and be printed, and be sent
to the Committee on Local and Consent Calendars, by a record vote
of 13 ayes, 0 nay, 0 pnv, and 2 absent.