By Cuellar, R., Willis, Naishtat                       H.B. No. 205
       74R1038 MJW-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the appointment or employment of veterans and certain
    1-3  relatives of veterans by public entities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 657.001(2), Government Code, is amended
    1-6  to read as follows:
    1-7              (2)  "Public entity" means a public department,
    1-8  commission, board, office, or agency, including:
    1-9                    (A)  an institution of higher education, as
   1-10  defined by Section 61.003, Education Code;
   1-11                    (B)  a governmental body, as defined by Chapter
   1-12  551 or 552; and
   1-13                    (C)  a public entity that receives money from the
   1-14  state or federal government, directly or indirectly, under the
   1-15  federal Job Training Partnership Act (29 U.S.C. Section 1501 et
   1-16  seq.).
   1-17        SECTION 2.  Section 657.002, Government Code, is amended to
   1-18  read as follows:
   1-19        Sec. 657.002.  INDIVIDUALS ENTITLED TO VETERAN'S EMPLOYMENT
   1-20  PREFERENCE.  (a)  A veteran <or the widow or orphan of a veteran>
   1-21  qualifies for a veteran's employment preference if the veteran:
   1-22              (1)  served in the military for not less than 90
   1-23  consecutive days during a national emergency declared in accordance
   1-24  with federal law or was discharged from military service for an
    2-1  established service-connected disability<:>
    2-2                    <(A)  the Spanish-American War;>
    2-3                    <(B)  the Philippine Insurrection;>
    2-4                    <(C)  the China Relief Expedition;>
    2-5                    <(D)  World War I;>
    2-6                    <(E)  World War II;>
    2-7                    <(F)  any other military conflict in which the
    2-8  United States was a participant before June 18, 1945;>
    2-9                    <(G)  the Korean War after June 24, 1950; or>
   2-10                    <(H)  the Vietnam conflict after July, 1953>;
   2-11              (2)  was honorably discharged from military service;
   2-12  and
   2-13              (3)  is competent.
   2-14        (b)  The surviving spouse or orphan of a veteran qualifies
   2-15  for a veteran's employment preference if:
   2-16              (1)  the veteran was killed while on active duty;
   2-17              (2)  the veteran served in the military for not less
   2-18  than 90 consecutive days during a national emergency declared in
   2-19  accordance with federal law; and
   2-20              (3)  the spouse or orphan is competent.
   2-21        (c)  This chapter does not apply to a veteran who:
   2-22              (1)  was a conscientious objector at the time of the
   2-23  veteran's discharge from military service; or
   2-24              (2)  is receiving or entitled to receive military
   2-25  retirement pay, other than disability retirement pay, from the
   2-26  United States.
   2-27        (d) <(c)>  In this section, "veteran" means an individual who
    3-1  served in the army, navy, air force, marine corps, or coast guard
    3-2  of the United States or in an auxiliary service of one of those
    3-3  branches of the armed forces.
    3-4        SECTION 3.  Section 657.004, Government Code, is amended to
    3-5  read as follows:
    3-6        Sec. 657.004.  PREFERENCE REQUIRED <QUOTAS> FOR PUBLIC
    3-7  ENTITIES AND PUBLIC WORKS.  (a)  An individual whose duty is to
    3-8  appoint or employ individuals for a public entity or public work of
    3-9  this state shall give preference in hiring to individuals entitled
   3-10  to a veteran's employment preference <so that at least 40 percent
   3-11  of the employees of the public entity or public work are selected
   3-12  from individuals given that preference.  A public entity or public
   3-13  work that does not have 40 percent of its employees who are
   3-14  entitled to the preference shall, in filling vacancies, give
   3-15  preferences to individuals entitled to a veteran's employment
   3-16  preference until it has reached the 40 percent quota>.
   3-17        (b)  A <In reaching the 40 percent quota, a> public entity or
   3-18  public work shall, when possible, give 10 percent of the
   3-19  preferences granted under this chapter to qualified veterans
   3-20  discharged from the armed services of the United States within the
   3-21  preceding 18 months.
   3-22        <(c)  A public entity or public work that meets the
   3-23  percentage quota in this section is exempt from the requirements of
   3-24  Section 657.005.>
   3-25        SECTION 4.  Chapter 657, Government Code, is amended by
   3-26  adding Sections 657.007-657.009 to read as follows:
   3-27        Sec. 657.007.  PREFERENCE APPLICABLE TO REDUCTION IN
    4-1  WORKFORCE.  (a)  An individual entitled to a hiring preference
    4-2  under this chapter is also entitled to a preference in retaining
    4-3  employment if the public entity that employs the individual reduces
    4-4  its workforce.
    4-5        (b)  The preference granted under this section applies only
    4-6  to the extent that a reduction in workforce by an employing public
    4-7  entity involves other employees of a similar type or
    4-8  classification.
    4-9        Sec. 657.008.  REPORTING REQUIREMENTS.  (a)  A public entity
   4-10  shall file quarterly with the Texas Employment Commission a report
   4-11  that states:
   4-12              (1)  the percentage of the total number of employees
   4-13  hired by the entity during the reporting period who are persons
   4-14  entitled to a preference under this chapter; and
   4-15              (2)  the percentage of the total number of the entity's
   4-16  employees who are persons entitled to a preference under this
   4-17  chapter.
   4-18        (b)  The Texas Employment Commission shall file annually with
   4-19  the legislature a report that compiles and analyzes information
   4-20  that the commission receives from public entities under Subsection
   4-21  (a).
   4-22        Sec. 657.009.  PUBLIC ENTITIES TO LIST POSITIONS WITH TEXAS
   4-23  EMPLOYMENT COMMISSION.  (a)  A public entity shall provide to the
   4-24  Texas Employment Commission, under rules adopted under this section
   4-25  by the commission, information regarding an open position that is
   4-26  subject to the hiring preference required by this chapter.
   4-27        (b)  The Texas Employment Commission shall make available to
    5-1  the public the information provided by a public entity under
    5-2  Subsection (a).
    5-3        (c)  To promote the purposes of this chapter, the Texas
    5-4  Employment Commission shall adopt rules under this section that
    5-5  facilitate the exchange of employment information between public
    5-6  entities and individuals entitled to a preference under this
    5-7  chapter.
    5-8        (d)  The Texas Employment Commission shall adopt forms and
    5-9  procedures necessary to administer this section.
   5-10        SECTION 5.  To the extent possible using existing records,
   5-11  each public entity subject to Chapter 657, Government Code, shall
   5-12  compile and send to the Texas Employment Commission not later than
   5-13  December 31, 1995, the initial report described by Section
   5-14  657.008(a) of that chapter, as added by Section 4 of this Act, for
   5-15  the quarterly period ending September 30, 1995, and shall file the
   5-16  second required report not later than March 31, 1996.  Based on
   5-17  information received on or before December 31, 1995, the Texas
   5-18  Employment Commission shall file an initial report under that
   5-19  section not later than March 31, 1996.
   5-20        SECTION 6.  The Texas Employment Commission shall adopt
   5-21  rules, forms, and procedures required by Sections 657.009(c) and
   5-22  (d), Government Code, as added by Section 4 of this Act, not later
   5-23  than December 31, 1995.
   5-24        SECTION 7.  This Act takes effect September 1, 1995,  except
   5-25  that Sections 657.009(a) and (b), Government Code, as added by
   5-26  Section 4 of this Act, take effect January 31, 1996.
   5-27        SECTION 8.  The importance of this legislation and the
    6-1  crowded condition of the calendars in both houses create an
    6-2  emergency and an imperative public necessity that the
    6-3  constitutional rule requiring bills to be read on three several
    6-4  days in each house be suspended, and this rule is hereby suspended.