S.B. 938 78(R)    BILL ANALYSIS


S.B. 938
By: Barrientos
Defense Affairs and State-Federal Relations
Committee Report (Unamended)


BACKGROUND AND PURPOSE 

Currently, Texas law requires preference be given to a veteran in the
hiring process if two equally 
qualified applicants are being considered for employment with a state
agency or public works project. Chapter 657 (Veteran's Employment
Preferences), Government Code, outlines provisions defining eligibility,
application, and reporting requirements. The chapter does not, however,
provide for enforcement. S.B. 938 establishes an enforcement provision
authorizing an eligible veteran to petition in district court if the
veteran believes the preference was ignored. This bill also requires the
district attorney, criminal district attorney, or county attorney to act
on behalf of an eligible veteran and requires the court to order a speedy
hearing. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


SECTION BY SECTION ANALYSIS

SECTION 1. Amends Government Code by adding a heading to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS 

SECTION 2. Authorizes a district court, in the district in which a public
official fails to comply with a provision of this chapter, to require the
public official to comply with the provision on the filing of an
appropriate pleading by an individual entitled to a benefit under the
provision. 

The bill requires the court to order a speedy hearing and to advance the
hearing on the schedule. 

This bill requires the appropriate district attorney, criminal district
attorney, or county attorney, on application by an individual the district
attorney, criminal district attorney, or county attorney reasonably
believes is entitled to a benefit under a provision of this chapter, to
appear and act as an attorney for the individual in an amicable adjustment
of the claim, or to file or prosecute an appropriate pleading specifically
requiring compliance with the provision. 

The bill also prohibits a person applying for preference under this
chapter from being charged court costs or fees for a pleading filed under
Section 657.051 (Compliance With Law; Hearing). 

SECTION 3. Effective date: September 1, 2003.