BILL ANALYSIS

 

 

                                                                                                                                    C.S.H.B. 1275

                                                                                                                                  By: McClendon

                                                                                        Defense Affairs & State-Federal Relations

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Chapter 657 of the Government Code allows for veteran's 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. 

 

The purpose of CSHB 1275 is to promote employment opportunities for qualified military veterans and Code to allow an individual entitled to a veteran's employment preference who is aggrieved by a decision of a public entity or public work to which this chapter applies, to appeal  the decision by bringing a cause of action against the public entity.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

CSHB 1275 amends Chapter 657, Government Code, by adding Section 657.010 to allow an individual entitled to a veteran's employment preference who is aggrieved by a decision of a public entity or public work to which this chapter applies, to appeal  the decision by bringing a cause of action against the public entity.  An individual who prevails in a suit brought under this section is entitled to reasonable damages and attorney's fees and costs incurred by the individual in the suit.

 

EFFECTIVE DATE

 

September 1, 2007.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

CSHB 1275  adds that an individual who prevails in a suit brought under this section is entitled to reasonable damages incurred by the individual as a result of the adverse employment decision and reasonable attorney's fees and costs incurred by the individual in the suit.