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A BILL TO BE ENTITLED
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AN ACT
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relating to veteran's employment preferences. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 657, Government Code, is amended by |
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designating Sections 657.001 through 657.009 as Subchapter A and |
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adding a heading for Subchapter A to read as follows: |
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SUBCHAPTER A. GENERAL PROVISIONS |
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SECTION 2. Section 657.001, Government Code, is amended by |
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adding Subdivisions (1-a) and (3) and amending Subdivision (2) to |
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read as follows: |
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(1-a) "Minimum qualifications" means the experience |
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and education to perform the essential tasks of a job identified in |
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the posting for the job. |
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(2) "Public entity" means: |
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(A) a state agency, including: |
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(i) a [public] department, commission, |
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board, authority, office, or other agency in the executive branch |
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of state government created by the constitution or a statute of this |
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state; or |
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(ii) a university system or an institution |
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of higher education as defined by Section 61.003, Education Code; |
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or |
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(B) a county, municipality, or district, a |
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district or other authority created under Section 52, Article III, |
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or Section 59, Article XVI, Texas Constitution, or any other |
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political subdivision of this state. |
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(3) "Public work of this state" means a project that is |
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the subject of a public work contract with a governmental entity to |
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which Chapter 2253 applies. |
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SECTION 3. Subchapter A, Chapter 657, Government Code, as |
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added by this Act, is amended by adding Section 657.0015 to read as |
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follows: |
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Sec. 657.0015. EXCEPTIONS. This chapter does not apply to: |
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(1) appointments made by the governor; or |
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(2) the employment of: |
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(A) a head of a division or department in a state |
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office or agency headed by a single elected state official; or |
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(B) a person who advises or reports directly to |
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an elected state official. |
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SECTION 4. Subsections (a) and (b), Section 657.002, |
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Government Code, are amended to read as follows: |
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(a) A veteran qualifies for a veteran's employment |
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preference if the veteran: |
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(1) served in the military for not less than 90 |
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consecutive days during a national emergency declared in accordance |
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with federal law or was discharged from military service for an |
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established service-connected disability; |
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(2) was honorably discharged from military service; |
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and |
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(3) meets the minimum qualifications for the |
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position [is competent]. |
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(b) A veteran's surviving spouse who has not remarried or an |
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orphan of a veteran qualifies for a veteran's employment preference |
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if: |
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(1) the veteran was killed while on active duty; |
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(2) the veteran served in the military for not less |
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than 90 consecutive days during a national emergency declared in |
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accordance with federal law; and |
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(3) the spouse or orphan meets the minimum |
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qualifications for the position [is competent]. |
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SECTION 5. Subsections (a), (b), and (c), Section 657.003, |
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Government Code, are amended to read as follows: |
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(a) An individual who qualifies for a veteran's employment |
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preference is entitled to a preference in employment with or |
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appointment to a public entity or for a public work of this state |
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over other applicants for the same position who do not have [a] |
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greater qualifications for the position [qualification]. |
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(b) An individual who has an established service-connected |
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disability and is entitled to a veteran's employment preference is |
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entitled to preference for employment or appointment in a position |
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[for which a competitive examination is not held] over all other |
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applicants for the same position who are without a |
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service-connected disability and who do not have [a] greater |
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qualifications for the position [qualification]. |
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(c) If a public entity or public work of this state requires |
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a competitive examination under a merit system or civil service |
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plan for selecting or promoting employees, an individual entitled |
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to a veteran's employment preference who meets the minimum |
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qualifications [otherwise is qualified] for that position and who |
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has received at least the minimum required score for the test is |
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entitled to have an additional [a service] credit added to the |
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individual's test score of: |
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(1) at least 10 percent; or |
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(2) for an [of 10 points added to the test score. An] |
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individual who has an established service-connected disability, at |
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least 15 percent [is entitled to have a service credit of five
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additional points added to the individual's test score]. |
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SECTION 6. Subsection (a), Section 657.005, Government |
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Code, is amended to read as follows: |
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(a) The individual whose duty is to appoint or employ an |
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applicant for a position with a public entity or public work of this |
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state or an officer or the chief administrator of the entity or work |
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who receives an application for appointment or employment by an |
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individual entitled to a veteran's employment preference, before |
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appointing or employing any individual, shall investigate the |
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qualifications of the applicant for the position. If the applicant |
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is of good moral character and can perform the duties of the |
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position and no other applicant for the position has greater |
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qualifications than the applicant entitled to a veteran's |
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employment preference, the officer, chief executive, or individual |
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whose duty is to appoint or employ shall appoint or employ the |
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applicant for the position. |
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SECTION 7. Subsection (b), Section 657.007, Government |
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Code, is amended to read as follows: |
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(b) The preference granted under this section applies only |
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to the extent that a reduction in workforce by an employing public |
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entity involves other employees of the same [a similar type or] |
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classification. |
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SECTION 8. Section 657.008, Government Code, is amended to |
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read as follows: |
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Sec. 657.008. REPORTING REQUIREMENTS. (a) A state agency |
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[public entity] shall file quarterly with the comptroller a report |
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that states: |
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(1) any measures taken by the state agency during the |
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quarter to inform individuals entitled to a hiring preference under |
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this chapter of their rights under this chapter; |
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(2) the appeals process available through the state |
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agency to an individual entitled to a hiring preference under this |
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chapter who alleges that the state agency violated the individual's |
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rights under this chapter; |
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(3) the percentage of the total number of employees |
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hired by the state agency [entity] during the reporting period who |
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are persons entitled to a preference under this chapter; and |
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(4) [(2)] the percentage of the total number of the |
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agency's [entity's] employees who are persons entitled to a |
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preference under this chapter. |
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(b) The comptroller shall file annually with the |
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legislature a report that compiles and analyzes information that |
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the comptroller receives from state agencies [public entities] |
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under Subsection (a). |
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SECTION 9. Chapter 657, Government Code, is amended by |
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adding Subchapters B and C to read as follows: |
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SUBCHAPTER B. COMPLAINT TO PUBLIC ENTITY |
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Sec. 657.051. COMPLAINT PROCEDURE. (a) An individual who |
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is entitled to a veteran's employment preference under this chapter |
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may appeal a hiring decision made by a public entity by filing a |
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written complaint with the public entity not later than the 30th day |
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after the date the individual receives notice of the hiring |
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decision. |
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(b) The individual must state in the complaint: |
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(1) the name of the public entity; and |
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(2) the allegations that form the basis of the |
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complaint. |
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Sec. 657.052. DECISION. (a) Not later than the 30th day |
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after the date the public entity receives a complaint, the public |
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entity shall issue a decision on the complaint and notify the |
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applicant of the decision. |
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(b) If the public entity determines that an individual |
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should have been offered the position because of the preference |
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granted under this chapter, the public entity shall offer to |
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appoint or employ the applicant: |
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(1) for the position; or |
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(2) for the next similar position that becomes |
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available for which the individual meets the minimum |
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qualifications. |
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Sec. 657.053. REQUEST FOR HEARING. If a state agency |
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determines under Section 657.052 that the applicant is not entitled |
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under this chapter to be appointed or employed for the position, the |
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applicant may request a hearing under Subchapter C. |
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[Sections 657.054-657.100 reserved for expansion] |
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SUBCHAPTER C. HEARING |
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Sec. 657.101. COMPLAINT; HEARING. (a) An applicant for |
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employment with a state agency who is entitled to a veteran's |
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employment preference under this chapter may appeal the state |
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agency's hiring decision after following the complaint procedure in |
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Subchapter B by filing a request for a hearing with the state |
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agency. |
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(b) The applicant must request a hearing not later than the |
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30th day after the date the applicant receives notice of the |
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decision issued under section 657.052. |
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(c) Not later than the 10th day after the date the state |
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agency receives a request for a hearing, the state agency shall |
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refer the case to the State Office of Administrative Hearings for a |
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hearing. |
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Sec. 657.102. HEARING PROCEDURES. (a) The State Office of |
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Administrative Hearings shall conduct a hearing on the complaint |
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not later than the 90th day after the date the office receives the |
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complaint. An administrative law judge employed by the office |
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shall conduct the hearing. |
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(b) A hearing conducted under this subchapter is a contested |
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case under Chapter 2001. |
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Sec. 657.103. DECISION. (a) If the administrative law |
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judge determines that the applicant should have been offered the |
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position applied for because of the preference granted under this |
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chapter, the individual responsible for making hiring decisions for |
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the state agency shall: |
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(1) offer to appoint or employ the applicant for the |
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position; or |
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(2) offer to appoint or employ the applicant for the |
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next similar position that becomes available for which the |
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applicant meets the minimum qualifications. |
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(b) The administrative law judge shall render the final |
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decision in the contested case. The decision of the administrative |
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law judge is not subject to judicial review. |
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Sec. 657.104. REPORT. The State Office of Administrative |
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Hearings shall report to the governor, comptroller, and the |
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legislature the number of hearings requested under this subchapter. |
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SECTION 10. The changes in law made by this Act to Chapter |
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657, Government Code, apply to an application for employment only |
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if the application is submitted on or after the effective date of |
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this Act. An application submitted before the effective date of |
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this Act is governed by the law in effect at the time the |
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application is submitted, and the former law is continued in effect |
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for that purpose. |
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SECTION 11. The changes in law made by this Act to Chapter |
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657, Government Code, apply only to a public work for which a public |
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entity first advertises or otherwise solicits bids, proposals, |
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offers, or qualifications to perform any portion of the work on or |
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after the effective date of this Act. A public work for which a |
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public entity first advertised or otherwise solicited bids, |
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proposals, offers, or qualifications to perform any portion of the |
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work before that date is governed by the law in effect when the |
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first advertisement or solicitation was given, and the former law |
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is continued in effect for that purpose. |
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SECTION 12. This Act takes effect September 1, 2007. |