H.B. No. 76 




AN ACT
relating to procedures adopted by a state entity to ensure an employment preference for veterans. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 657, Government Code, is amended by adding Section 657.0081 to read as follows: Sec. 657.0081. OUTLINE OF PROCEDURES REQUIRED. A public entity shall prepare and make available for public inspection a statement of: (1) any measures taken by the entity to ensure that veterans receive the employment preference required by this chapter; and (2) any remedies available through the entity for an individual entitled to a hiring preference under this chapter if the individual is not hired or appointed for a position with the entity. SECTION 2. Chapter 657, Government Code, is amended by designating Sections 657.001 through 657.009 as Subchapter A and adding a heading for Subchapter A to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTION 3. Chapter 657, Government Code, is amended by adding Subchapter B to read as follows:
SUBCHAPTER B. ENFORCEMENT
Sec. 657.051. COMPLIANCE WITH LAW; HEARING. (a) If a public official fails to comply with a provision of this chapter, a district court in the district in which the individual is a public official may require the public official to comply with the provision on the filing of a motion, petition, or other appropriate pleading by an individual entitled to a benefit under the provision. (b) The court shall order a speedy hearing and shall advance the hearing on the calendar. Sec. 657.052. ENFORCEMENT BY DISTRICT OR COUNTY ATTORNEY. On application to the district attorney, criminal district attorney, or county attorney of the appropriate county by an individual who the attorney reasonably believes is entitled to the benefit of a provision of this chapter, the district attorney, criminal district attorney, or county attorney shall: (1) appear and act as attorney for the individual in an amicable adjustment of the claim; or (2) file or prosecute a motion, petition, or other appropriate pleading to specifically require compliance with the provision. Sec. 657.053. COURT COSTS AND FEES. A person applying for a preference under this chapter may not be charged court costs or fees for a claim, motion, petition, or other pleading filed under Section 657.051. SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 76 was passed by the House on May 10, 2003, by the following vote: Yeas 143, Nays 0, 2 present, not voting; and that the House concurred in Senate amendments to H.B. No. 76 on May 30, 2003, by the following vote: Yeas 142, Nays 0, 2 present, not voting. ______________________________ Chief Clerk of the House I certify that H.B. No. 76 was passed by the Senate, with amendments, on May 28, 2003, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: __________________ Date __________________ Governor