79R3480 MCK-D
By: Kolkhorst H.B. No. 863
A BILL TO BE ENTITLED
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. 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 2. 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 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, 2005.