79(R) HB 863 - House Committee Report version


                                                                                
79R12260 MCK-D


By:  Kolkhorst                                                    H.B. No. 863

Substitute the following for H.B. No. 863:                                    

By:  Noriega                                                  C.S.H.B. No. 863



A BILL TO BE ENTITLED

AN ACT

relating to an employment preference for veterans at state 
agencies.        
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 657, Government Code, is amended by 
designating Sections 657.001-657.009 as Subchapter A and adding a 
heading for Subchapter A to read as follows:

SUBCHAPTER A.  GENERAL PROVISIONS
	SECTION 2.  Section 657.001(2), Government Code, is amended 
to read as follows:
		(2)  "Public entity" means a [public] department, 
commission, board, authority, office, or other state agency with 
statewide authority in the executive branch of state government 
created under the constitution or a statute.
	SECTION 3.  Sections 657.003(a), (c), and (d), Government 
Code, are amended to read as follows:
	(a)  An individual who qualifies for a veteran's employment 
preference is entitled to a preference in employment with or 
appointment to a public entity [or for a public work of this state] 
over other applicants for the same position who do not have a 
greater qualification.
	(c)  If a public entity [or public work of this state] 
requires a competitive examination under a merit system or civil 
service plan for selecting or promoting employees, an individual 
entitled to a veteran's employment preference who otherwise is 
qualified for that position and who has received at least the 
minimum required score for the test is entitled to have a service 
credit of 10 points added to the test score.  An individual who has 
an established service-connected disability is entitled to have a 
service credit of five additional points added to the individual's 
test score.
	(d)  An individual entitled to a veteran's employment 
preference is not disqualified from holding a position with a 
public entity [or public work of this state] because of age or an 
established service-connected disability if the age or disability 
does not make the individual incompetent to perform the duties of 
the position.
	SECTION 4.  Section 657.004, Government Code, is amended to 
read as follows: 
	Sec. 657.004.  PREFERENCE REQUIRED FOR PUBLIC ENTITIES [AND 
PUBLIC WORKS].  (a)  An individual whose duty is to appoint or 
employ individuals for a public entity [or public work of this 
state] shall give preference in hiring to individuals entitled to a 
veteran's employment preference so that at least 40 percent of the 
employees of the public entity [or public work] are selected from 
individuals given that preference.  A public entity [or public 
work] that does not have 40 percent of its employees who are 
entitled to the preference shall, in filling vacancies, give 
preferences to individuals entitled to a veteran's employment 
preference until it does have at least 40 percent of its employees 
who are entitled to the preference.
	(b)  A public entity [or public work] shall, when possible, 
give 10 percent of the preferences granted under this chapter to 
qualified veterans discharged from the armed services of the United 
States within the preceding 18 months.
	(c)  A public entity [or public work] that has at least 40 
percent of its employees who are entitled to the preference is 
exempt from the requirements of Section 657.005.
	SECTION 5.  Section 657.005(a), Government Code, is amended 
to read as follows:
	(a)  The individual whose duty is to appoint or employ an 
applicant for a position with a public entity [or public work of 
this state] or an officer or the chief administrator of the entity 
[or work] who receives an application for appointment or employment 
by an individual entitled to a veteran's employment preference, 
before appointing or employing any individual, shall investigate 
the qualifications of the applicant for the position.  If the 
applicant is of good moral character and can perform the duties of 
the position, the officer, chief executive, or individual whose 
duty is to appoint or employ shall appoint or employ the applicant 
for the position.
	SECTION 6.  Subchapter A, Chapter 657, Government Code, as 
designated by this Act, 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 7.  Chapter 657, Government Code, is amended by 
adding Subchapters B and C to read as follows:

SUBCHAPTER B.  COMPLAINT TO PUBLIC ENTITY
	Sec. 657.051.  COMPLAINT PROCEDURE.  (a)  An individual who 
is entitled to a veteran's employment preference in applying for 
employment with or appointment to a public entity may file a 
complaint with the public entity if the person is not employed or 
appointed for the position.
	(b)  The individual must state in the complaint that the 
individual is:
		(1)  qualified for the position sought; and                            
		(2)  entitled to a veteran's employment preference.                    
	Sec. 657.052.  INVESTIGATION.  Not later than the third day 
after the date the public entity receives the complaint, the public 
entity shall investigate the hiring decision to determine whether 
the public entity has complied with this chapter.
	Sec. 657.053.  DECISION.  (a)  If the public entity 
determines that the applicant should have been offered the position 
because of the preference granted under this chapter, the public 
entity shall:
		(1)  offer to appoint or employ the applicant for the 
position; or   
		(2)  offer to appoint or employ the applicant for the 
next similar position that becomes available for which the 
applicant is qualified.
	(b)  If the public entity determines that the applicant is 
not entitled under this chapter to be appointed or employed for the 
position, the applicant may request a hearing under Subchapter C.

[Sections 657.054-657.100 reserved for expansion]

SUBCHAPTER C.  HEARING
	Sec. 657.101.  COMPLAINT; HEARING.  An applicant for 
employment with or appointment to a public entity who is entitled to 
a veteran's employment preference under this chapter may file a 
complaint with the State Office of Administrative Hearings if an 
individual whose duty is to appoint or employ individuals for the 
public entity fails to comply with this chapter.
	Sec. 657.102.  HEARING PROCEDURES.  (a)  The State Office of 
Administrative Hearings shall conduct a hearing on the complaint 
not later than the 90th day after the date the office receives the 
complaint.  An administrative law judge employed by the office 
shall conduct the hearing.
	(b)  A hearing conducted under this subchapter is a contested 
case under Chapter 2001.
	Sec. 657.103.  DECISION; APPEAL.  (a)  If the administrative 
law judge determines that the applicant should have been offered 
the position applied for because of the preference granted under 
this chapter, the individual whose duty is to appoint or employ 
individuals for the public entity shall:
		(1)  offer to appoint or employ the applicant for the 
position; or   
		(2)  offer to appoint or employ the applicant for the 
next similar position that becomes available for which the 
applicant is qualified.
	(b)  The administrative law judge shall render the final 
decision in the contested case. Consequently, the State Office of 
Administrative Hearings is the entity:
		(1)  with which a motion for rehearing or a reply to a 
motion for rehearing is filed under Section 2001.146;
		(2)  that acts on a motion for rehearing or extends a 
time period under Section 2001.146; and
		(3)  that is responsible for sending to the parties, in 
accordance with Section 2001.142, a copy of the decision that may 
become final under Section 2001.144 or of an order ruling on a 
motion for rehearing.
	(c)  The decision of the administrative law judge is subject 
to judicial review as provided by Subchapter G, Chapter 2001.
	SECTION 8.  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, 2005.