S.B. No. 646
AN ACT
1-1 relating to the appointment or employment of veterans and certain
1-2 relatives of veterans by public entities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 657.002, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 657.002. INDIVIDUALS ENTITLED TO VETERAN'S EMPLOYMENT
1-7 PREFERENCE. (a) A veteran <or the widow or orphan of a veteran>
1-8 qualifies for a veteran's employment preference if the veteran:
1-9 (1) served in the military for not less than 90
1-10 consecutive days during a national emergency declared in accordance
1-11 with federal law or was discharged from military service for an
1-12 established service-connected disability<:>
1-13 <(A) the Spanish American War;>
1-14 <(B) the Philippine Insurrection;>
1-15 <(C) the China Relief Expedition;>
1-16 <(D) World War I;>
1-17 <(E) World War II;>
1-18 <(F) any other military conflict in which the
1-19 United States was a participant before June 18, 1945>
1-20 <(G) the Korean War after June 24, 1950; or>
1-21 <(H) the Vietnam conflict after July, 1953>;
1-22 (2) was honorably discharged from military service;
1-23 and
1-24 (3) is competent.
2-1 (b) A veteran's surviving spouse who has not remarried or an
2-2 orphan of a veteran qualifies for a veteran's employment preference
2-3 if:
2-4 (1) the veteran was killed while on active duty;
2-5 (2) the veteran served in the military for not less
2-6 than 90 consecutive days during a national emergency declared in
2-7 accordance with federal law; and
2-8 (3) the spouse or orphan is competent. <This chapter
2-9 does not apply to a veteran who:>
2-10 <(1) was a conscientious objector at the time of the
2-11 veteran's discharge from military service; or>
2-12 <(2) is receiving or entitled to receive military
2-13 retirement pay, other than disability retirement pay, from the
2-14 United States.>
2-15 (c) In this section, "veteran" means an individual who
2-16 served in the army, navy, air force, marine corps, or coast guard
2-17 of the United States or in an auxiliary service of one of those
2-18 branches of the armed forces.
2-19 SECTION 2. Section 657.004, Government Code, is amended to
2-20 read as follows:
2-21 Sec. 657.004. PREFERENCE REQUIRED <QUOTAS> FOR PUBLIC
2-22 ENTITIES AND PUBLIC WORKS. (a) An individual whose duty is to
2-23 appoint or employ individuals for a public entity or public work of
2-24 this state shall give preference in hiring to individuals entitled
2-25 to a veteran's employment preference so that at least 40 percent of
2-26 the employees of the public entity or public work are selected from
2-27 individuals given that preference. A public entity or public work
3-1 that does not have 40 percent of its employees who are entitled to
3-2 the preference shall, in filling vacancies, give preferences to
3-3 individuals entitled to a veteran's employment preference until it
3-4 does have at least 40 percent of its employees who are entitled to
3-5 the preference <has reached the 40 percent quota>.
3-6 (b) A <In reaching the 40 percent quota, a> public entity or
3-7 public work shall, when possible, give 10 percent of the
3-8 preferences granted under this chapter to qualified veterans
3-9 discharged from the armed services of the United States within the
3-10 preceding 18 months.
3-11 (c) A public entity or public work that has at least 40
3-12 percent of its employees who are entitled to the preference <meets
3-13 the percentage quota in this section> is exempt from the
3-14 requirements of Section 657.005.
3-15 SECTION 3. Chapter 657, Government Code, is amended by
3-16 adding Sections 657.007, 657.008, and 657.009 to read as follows:
3-17 Sec. 657.007. PREFERENCE APPLICABLE TO REDUCTION IN
3-18 WORKFORCE. (a) An individual entitled to a hiring preference
3-19 under this chapter is also entitled to a preference in retaining
3-20 employment if the public entity that employs the individual reduces
3-21 its workforce.
3-22 (b) The preference granted under this section applies only
3-23 to the extent that a reduction in workforce by an employing public
3-24 entity involves other employees of a similar type or
3-25 classification.
3-26 Sec. 657.008. REPORTING REQUIREMENTS. (a) A public entity
3-27 shall file quarterly with the comptroller a report that states:
4-1 (1) the percentage of the total number of employees
4-2 hired by the entity during the reporting period who are persons
4-3 entitled to a preference under this chapter; and
4-4 (2) the percentage of the total number of the entity's
4-5 employees who are persons entitled to a preference under this
4-6 chapter.
4-7 (b) The comptroller shall file annually with the legislature
4-8 a report that compiles and analyzes information that the
4-9 comptroller receives from public entities under Subsection (a).
4-10 Sec. 657.009. PUBLIC ENTITIES TO LIST POSITIONS WITH TEXAS
4-11 EMPLOYMENT COMMISSION. (a) A public entity shall provide to the
4-12 Texas Employment Commission, under rules adopted under this section
4-13 by the commission, information regarding an open position that is
4-14 subject to the hiring preference required by this chapter.
4-15 (b) The Texas Employment Commission shall make available to
4-16 the public the information provided by a public entity under
4-17 Subsection (a).
4-18 (c) To promote the purposes of this chapter, the Texas
4-19 Employment Commission shall adopt rules under this section that
4-20 facilitate the exchange of employment information between public
4-21 entities and individuals entitled to a preference under this
4-22 chapter.
4-23 (d) The Texas Employment Commission shall adopt forms and
4-24 procedures necessary to administer this section.
4-25 SECTION 4. To the extent possible using existing records,
4-26 each public entity subject to Chapter 657, Government Code, shall
4-27 compile and send to the comptroller not later than December 31,
5-1 1995, the initial report described by Subsection (a), Section
5-2 657.008 of that chapter, as added by Section 3 of this Act, for the
5-3 quarterly period ending September 30, 1995, and shall file the
5-4 second required report not later than March 31, 1996. Based on
5-5 information received on or before December 31, 1995, the
5-6 comptroller shall file an initial report under that section not
5-7 later than March 31, 1996.
5-8 SECTION 5. The Texas Employment Commission shall adopt
5-9 rules, forms, and procedures required by Subsections (c) and (d),
5-10 Section 657.009, Government Code, as added by Section 3 of this
5-11 Act, not later than December 31, 1995.
5-12 SECTION 6. This Act takes effect September 1, 1995, except
5-13 that Subsections (a) and (b), Section 657.009, Government Code, as
5-14 added by Section 3 of this Act, take effect January 31, 1996.
5-15 SECTION 7. The importance of this legislation and the
5-16 crowded condition of the calendars in both houses create an
5-17 emergency and an imperative public necessity that the
5-18 constitutional rule requiring bills to be read on three several
5-19 days in each house be suspended, and this rule is hereby suspended.