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                               * * * * *