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.