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