BILL ANALYSIS
Senate Research Center H.B. 1275
Veteran Affairs & Military Installations
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Chapter 657 of the Government Code allows for an employment preference for certain veterans who served during a national emergency or who were discharged with a service disability. However, it does not provide a means of enforcing these provisions by way of appeal. Allowing an aggrieved veteran to appeal a decision of a public entity or public work to which this chapter applies may promote employment opportunities for qualified military veterans.
H.B. 1275 authorizes veterans entitled to employment preferences under Chapter 657, Government Code, who are aggrieved by an employment decision, to appeal such decision by bringing a cause of action against the public entity.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 657, Government Code, by adding Section 657.010, as follows:
Sec. 657.010. COMPLAINT REGARDING EMPLOYMENT DECISION OF PUBLIC ENTITY OR PUBLIC WORK. (a) Authorizes an individual entitled to a veteran's employment preference under this chapter (Veterans Employment Preferences) who is aggrieved by a decision of a public entity or public work of this state, to which this chapter applies, relating to the hiring of the individual or the retention of the individual if the entity or work reduces its workforce, to appeal such a decision by filing a written complaint (complaint) with the governing body of the entity or work (governing body) under this section.
(b) Requires a governing body that receives a complaint to respond to the complaint not later than the 15th business day after the date the complaint was received. Authorizes the governing body to render a different hiring decision than the decision that is the subject of the complaint if the governing body determines that the veteran's preference was not applied.
SECTION 2. Amends Section 657.008(a), Government Code, to include the number of complaints filed with the governing body of that entity and the number of complaints resolved by the governing body on a report required to be filed quarterly with the comptroller of public accounts by a public entity.
SECTION 3. Makes application of Section 657.010, Government Code, as added by this Act, prospective.
SECTION 4. Effective date: September 1, 2007.