By: Van de Putte  S.B. No. 1454
         (In the Senate - Filed March 8, 2007; March 20, 2007, read
  first time and referred to Committee on Veteran Affairs and
  Military Installations; April 10, 2007, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 3,
  Nays 0; April 10, 2007, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1454 By:  Van de Putte
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to veteran's employment preferences.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 657, Government Code, is amended by
  designating Sections 657.001 through 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, Government Code, is amended by
  adding Subdivisions (1-a) and (3) and amending Subdivision (2) to
  read as follows:
               (1-a)  "Minimum qualifications" means the experience
  and education to perform the essential tasks of a job identified in
  the posting for the job.
               (2)  "Public entity" means:
                     (A)  a state agency, including:
                           (i)  a [public] department, commission,
  board, authority, office, or other agency in the executive branch
  of state government created by the constitution or a statute of this
  state; or
                           (ii)  a university system or an institution
  of higher education as defined by Section 61.003, Education Code;
  or
                     (B)  a county, municipality, or district, a
  district or other authority created under Section 52, Article III,
  or Section 59, Article XVI, Texas Constitution, or any other
  political subdivision of this state.
               (3)  "Public work of this state" means a project that is
  the subject of a public work contract with a governmental entity to
  which Chapter 2253 applies.
         SECTION 3.  Subchapter A, Chapter 657, Government Code, as
  added by this Act, is amended by adding Section 657.0015 to read as
  follows:
         Sec. 657.0015.  EXCEPTIONS. This chapter does not apply to:
               (1)  appointments made by the governor; or
               (2)  the employment of:
                     (A)  a head of a division or department in a state
  office or agency headed by a single elected state official; or
                     (B)  a person who advises or reports directly to
  an elected state official.
         SECTION 4.  Subsections (a) and (b), Section 657.002,
  Government Code, are amended to read as follows:
         (a)  A veteran qualifies for a veteran's employment
  preference if the veteran:
               (1)  served in the military for not less than 90
  consecutive days during a national emergency declared in accordance
  with federal law or was discharged from military service for an
  established service-connected disability;
               (2)  was honorably discharged from military service;
  and
               (3)  meets the minimum qualifications for the
  position [is competent].
         (b)  A veteran's surviving spouse who has not remarried or an
  orphan of a veteran qualifies for a veteran's employment preference
  if:
               (1)  the veteran was killed while on active duty;
               (2)  the veteran served in the military for not less
  than 90 consecutive days during a national emergency declared in
  accordance with federal law; and
               (3)  the spouse or orphan meets the minimum
  qualifications for the position [is competent].
         SECTION 5.  Subsections (a), (b), and (c), Section 657.003,
  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 qualifications for the position [qualification].
         (b)  An individual who has an established service-connected
  disability and is entitled to a veteran's employment preference is
  entitled to preference for employment or appointment in a position
  [for which a competitive examination is not held] over all other
  applicants for the same position who are without a
  service-connected disability and who do not have [a] greater
  qualifications for the position [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 meets the minimum
  qualifications [otherwise is qualified] for that position and who
  has received at least the minimum required score for the test is
  entitled to have an additional [a service] credit added to the
  individual's test score of:
               (1)  at least 10 percent; or
               (2)  for an [of 10 points added to the test score. An]
  individual who has an established service-connected disability, at
  least 15 percent [is entitled to have a service credit of five
  additional points added to the individual's test score].
         SECTION 6. Subsection (a), Section 657.005, 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 and no other applicant for the position has greater
  qualifications than the applicant entitled to a veteran's
  employment preference, the officer, chief executive, or individual
  whose duty is to appoint or employ shall appoint or employ the
  applicant for the position.
         SECTION 7.  Subsection (b), Section 657.007, Government
  Code, is amended to read as follows:
         (b)  The preference granted under this section applies only
  to the extent that a reduction in workforce by an employing public
  entity involves other employees of the same [a similar type or]
  classification.
         SECTION 8.  Section 657.008, Government Code, is amended to
  read as follows:
         Sec. 657.008.  REPORTING REQUIREMENTS.  (a)  A state agency 
  [public entity] shall file quarterly with the comptroller a report
  that states:
               (1)  any measures taken by the state agency during the
  quarter to inform individuals entitled to a hiring preference under
  this chapter of their rights under this chapter;
               (2)  the appeals process available through the state
  agency to an individual entitled to a hiring preference under this
  chapter who alleges that the state agency violated the individual's
  rights under this chapter;
               (3)  the percentage of the total number of employees
  hired by the state agency [entity] during the reporting period who
  are persons entitled to a preference under this chapter; and
               (4) [(2)]  the percentage of the total number of the
  agency's [entity's] employees who are persons entitled to a
  preference under this chapter.
         (b)  The comptroller shall file annually with the
  legislature a report that compiles and analyzes information that
  the comptroller receives from state agencies [public entities]
  under Subsection (a).
         SECTION 9.  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 under this chapter
  may appeal a hiring decision made by a public entity by filing a
  written complaint with the public entity not later than the 30th day
  after the date the individual receives notice of the hiring
  decision.
         (b)  The individual must state in the complaint:
               (1)  the name of the public entity; and
               (2)  the allegations that form the basis of the
  complaint.
         Sec. 657.052.  DECISION.  (a)  Not later than the 30th day
  after the date the public entity receives a complaint, the public
  entity shall issue a decision on the complaint.
         (b)  If the public entity determines that an individual
  should have been offered the position because of the preference
  granted under this chapter, the public entity shall offer to
  appoint or employ the applicant:
               (1)  for the position; or
               (2)  for the next similar position that becomes
  available for which the individual meets the minimum
  qualifications.
         Sec. 657.053.  REQUEST FOR HEARING.  If a state agency
  determines under Section 657.052 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 a state agency who is entitled to a veteran's
  employment preference under this chapter may appeal the state
  agency's hiring decision after following the complaint procedure in
  Subchapter B by filing a request for a hearing with the state
  agency.  Not later than the 10th day after the date the state agency
  receives a request for a hearing, the state agency shall refer the
  case to the State Office of Administrative Hearings for a hearing.
         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. (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 responsible for making hiring decisions for
  the state agency 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 meets the minimum qualifications.
         (b)  The administrative law judge shall render the final
  decision in the contested case.  The decision of the administrative
  law judge is not subject to judicial review.
         SECTION 10.  Subsections (a) and (c), Section 657.004,
  Government Code, are repealed.
         SECTION 11.  The changes in law made by this Act to Chapter
  657, Government Code, apply to an application for employment only
  if the application is submitted on or after the effective date of
  this Act. An application submitted before the effective date of
  this Act is governed by the law in effect at the time the
  application is submitted, and the former law is continued in effect
  for that purpose.
         SECTION 12.  The changes in law made by this Act to Chapter
  657, Government Code, apply only to a public work for which a public
  entity first advertises or otherwise solicits bids, proposals,
  offers, or qualifications to perform any portion of the work on or
  after the effective date of this Act. A public work for which a
  public entity first advertised or otherwise solicited bids,
  proposals, offers, or qualifications to perform any portion of the
  work before that date is governed by the law in effect when the
  first advertisement or solicitation was given, and the former law
  is continued in effect for that purpose.
         SECTION 13.  This Act takes effect September 1, 2007.
 
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