SRC-AMY C.S.S.B. 938 78(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 938
78R9833 MCK-DBy: Barrientos/Estes
Veteran Affairs & Military Installations
3-27-2003
Committee Report (Substituted)

DIGEST 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.  C.S.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

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 657, Government Code, by designating Sections
657.001657.009 as Subchapter A and adding a heading to read as follows: 

SUBCHAPTER A.  GENERAL PROVISIONS

SECTION 2.  Amends Chapter 657, Government Code, by adding Subchapter B,
as follows: 

SUBCHAPTER B.  ENFORCEMENT

Sec. 657.051.  COMPLIANCE WITH LAW; HEARING.  (a) 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. 

(b) Requires the court to order a speedy hearing and to advance the
hearing on the schedule. 

Sec. 657.052.  ENFORCEMENT BY DISTRICT OR COUNTY ATTORNEY.  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. 

Sec. 657.053.  COURT COSTS AND FEES.  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.


 SUMMARY OF COMMITTEE CHANGES

Differs from the original in SECTION 2 by changing the heading of proposed
Section 657.052, Government Code. 

Differs from the original in SECTION 2 in proposed Section 657.052,
Government Code, by including criminal district attorneys and county
attorneys, of the appropriate county, in the list of possible legal
advocates.