1-1 By: Barrientos S.B. No. 646
1-2 (In the Senate - Filed February 20, 1995; February 20, 1995,
1-3 read first time and referred to Committee on State Affairs;
1-4 April 7, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; April 7, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 646 By: Rosson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the appointment or employment of veterans and certain
1-11 relatives of veterans by public entities.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subdivision (2), Section 657.001, Government
1-14 Code, is amended to read as follows:
1-15 (2) "Public entity" means a public department,
1-16 commission, board, office, or agency, including:
1-17 (A) an institution of higher education, as
1-18 defined by Section 61.003, Education Code;
1-19 (B) a governmental body, as defined by Chapter
1-20 551 or 552; and
1-21 (C) a public entity that receives money from the
1-22 state or federal government, directly or indirectly, under the
1-23 federal Job Training Partnership Act (29 U.S.C. Section 1501 et
1-24 seq.).
1-25 SECTION 2. Section 657.002, Government Code, is amended to
1-26 read as follows:
1-27 Sec. 657.002. INDIVIDUALS ENTITLED TO VETERAN'S EMPLOYMENT
1-28 PREFERENCE. (a) A veteran <or the widow or orphan of a veteran>
1-29 qualifies for a veteran's employment preference if the veteran:
1-30 (1) served in the military for not less than 90
1-31 consecutive days during a national emergency declared in accordance
1-32 with federal law or was discharged from military service for an
1-33 established service-connected disability<:>
1-34 <(A) the Spanish-American War;>
1-35 <(B) the Philippine Insurrection;>
1-36 <(C) the China Relief Expedition;>
1-37 <(D) World War I;>
1-38 <(E) World War II;>
1-39 <(F) any other military conflict in which the
1-40 United States was a participant before June 18, 1945;>
1-41 <(G) the Korean War after June 24, 1950; or>
1-42 <(H) the Vietnam conflict after July, 1953>;
1-43 (2) was honorably discharged from military service;
1-44 and
1-45 (3) is competent.
1-46 (b) A veteran's surviving spouse who has not remarried or an
1-47 orphan of a veteran qualifies for a veteran's employment preference
1-48 if:
1-49 (1) the veteran was killed while on active duty;
1-50 (2) the veteran served in the military for not less
1-51 than 90 consecutive days during a national emergency declared in
1-52 accordance with federal law; and
1-53 (3) the spouse or orphan is competent. <This chapter
1-54 does not apply to a veteran who:>
1-55 <(1) was a conscientious objector at the time of the
1-56 veteran's discharge from military service; or>
1-57 <(2) is receiving or entitled to receive military
1-58 retirement pay, other than disability retirement pay, from the
1-59 United States.>
1-60 (c) In this section, "veteran" means an individual who
1-61 served in the army, navy, air force, marine corps, or coast guard
1-62 of the United States or in an auxiliary service of one of those
1-63 branches of the armed forces.
1-64 SECTION 3. Section 657.004, Government Code, is amended to
1-65 read as follows:
1-66 Sec. 657.004. PREFERENCE REQUIRED <QUOTAS> FOR PUBLIC
1-67 ENTITIES AND PUBLIC WORKS. (a) An individual whose duty is to
1-68 appoint or employ individuals for a public entity or public work of
2-1 this state shall give preference in hiring to individuals entitled
2-2 to a veteran's employment preference so that at least 40 percent of
2-3 the employees of the public entity or public work are selected from
2-4 individuals given that preference. A public entity or public work
2-5 that does not have 40 percent of its employees who are entitled to
2-6 the preference shall, in filling vacancies, give preferences to
2-7 individuals entitled to a veteran's employment preference until it
2-8 does have at least 40 percent of its employees who are entitled to
2-9 the preference <has reached the 40 percent quota>.
2-10 (b) A <In reaching the 40 percent quota, a> public entity or
2-11 public work shall, when possible, give 10 percent of the
2-12 preferences granted under this chapter to qualified veterans
2-13 discharged from the armed services of the United States within the
2-14 preceding 18 months.
2-15 (c) A public entity or public work that has at least 40
2-16 percent of its employees who are entitled to the preference <meets
2-17 the percentage quota in this section> is exempt from the
2-18 requirements of Section 657.005.
2-19 SECTION 4. Chapter 657, Government Code, is amended by
2-20 adding Sections 657.007, 657.008, and 657.009 to read as follows:
2-21 Sec. 657.007. PREFERENCE APPLICABLE TO REDUCTION IN
2-22 WORKFORCE. (a) An individual entitled to a hiring preference
2-23 under this chapter is also entitled to a preference in retaining
2-24 employment if the public entity that employs the individual reduces
2-25 its workforce.
2-26 (b) The preference granted under this section applies only
2-27 to the extent that a reduction in workforce by an employing public
2-28 entity involves other employees of a similar type or
2-29 classification.
2-30 Sec. 657.008. REPORTING REQUIREMENTS. (a) A public entity
2-31 shall file quarterly with the comptroller a report that states:
2-32 (1) the percentage of the total number of employees
2-33 hired by the entity during the reporting period who are persons
2-34 entitled to a preference under this chapter; and
2-35 (2) the percentage of the total number of the entity's
2-36 employees who are persons entitled to a preference under this
2-37 chapter.
2-38 (b) The comptroller shall file annually with the legislature
2-39 a report that compiles and analyzes information that the
2-40 comptroller receives from public entities under Subsection (a).
2-41 Sec. 657.009. PUBLIC ENTITIES TO LIST POSITIONS WITH TEXAS
2-42 EMPLOYMENT COMMISSION. (a) A public entity shall provide to the
2-43 Texas Employment Commission, under rules adopted under this section
2-44 by the commission, information regarding an open position that is
2-45 subject to the hiring preference required by this chapter.
2-46 (b) The Texas Employment Commission shall make available to
2-47 the public the information provided by a public entity under
2-48 Subsection (a).
2-49 (c) To promote the purposes of this chapter, the Texas
2-50 Employment Commission shall adopt rules under this section that
2-51 facilitate the exchange of employment information between public
2-52 entities and individuals entitled to a preference under this
2-53 chapter.
2-54 (d) The Texas Employment Commission shall adopt forms and
2-55 procedures necessary to administer this section.
2-56 SECTION 5. To the extent possible using existing records,
2-57 each public entity subject to Chapter 657, Government Code, shall
2-58 compile and send to the comptroller not later than December 31,
2-59 1995, the initial report described by Subsection (a), Section
2-60 657.008, Government Code, as added by Section 4 of this Act, for
2-61 the quarterly period ending September 30, 1995, and shall file the
2-62 second required report not later than March 31, 1996. Based on
2-63 information received on or before December 31, 1995, the
2-64 comptroller shall file an initial report under that section not
2-65 later than March 31, 1996.
2-66 SECTION 6. The Texas Employment Commission shall adopt
2-67 rules, forms, and procedures required by Subsections (c) and (d),
2-68 Section 657.009, Government Code, as added by Section 4 of this
2-69 Act, not later than December 31, 1995.
2-70 SECTION 7. This Act takes effect September 1, 1995, except
3-1 that Subsections (a) and (b), Section 657.009, Government Code, as
3-2 added by Section 4 of this Act, take effect January 31, 1996.
3-3 SECTION 8. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended.
3-8 * * * * *