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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of business opportunities for certain |
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former foster children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 6, Government Code, is amended |
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by adding Chapter 672 to read as follows: |
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CHAPTER 672. EMPLOYMENT PREFERENCE FOR FORMER FOSTER CHILDREN |
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Sec. 672.001. DEFINITION. In this chapter, "state agency" |
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means a department, commission, board, office, or other agency in |
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the executive branch of state government created by the state |
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constitution or a state statute, including an institution of higher |
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education as defined by Section 61.003, Education Code. |
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Sec. 672.002. EMPLOYMENT PREFERENCE. (a) An individual |
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who was under the permanent managing conservatorship of the |
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Department of Family and Protective Services on the day preceding |
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the individual's 18th birthday is entitled to a preference in |
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employment with a state agency over other applicants for the same |
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position who do not have a greater qualification. |
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(b) If a state agency requires a competitive examination |
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under a merit system or civil service plan for selecting or |
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promoting employees, an individual entitled to an employment |
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preference under this chapter who otherwise is qualified for that |
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position and who has received at least the minimum required score |
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for the test is entitled to have a service credit of 10 points added |
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to the test score. |
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(c) This chapter does not apply to: |
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(1) the position of private secretary or deputy of an |
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official or department; or |
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(2) an individual holding a strictly confidential |
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relation to the employing officer. |
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Sec. 672.003. FEDERAL LAW AND GRANTS. To the extent that |
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this chapter conflicts with federal law or a limitation provided by |
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a federal grant to a state agency, this chapter shall be construed |
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to operate in harmony with the federal law or limitation of the |
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federal grant. |
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Sec. 672.004. PREFERENCE APPLICABLE TO REDUCTION IN |
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WORKFORCE. (a) An individual entitled to a hiring preference under |
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this chapter is also entitled to a preference in retaining |
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employment if the state agency that employs the individual reduces |
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its workforce. |
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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 state |
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agency involves other employees of a similar type or |
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classification. |
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Sec. 672.005. COMPLAINT REGARDING EMPLOYMENT DECISION OF |
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STATE AGENCY. (a) An individual entitled to an employment |
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preference under this chapter who is aggrieved by a decision of a |
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state agency to which this chapter applies relating to hiring the |
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individual, or relating to retaining the individual if the state |
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agency reduces its workforce, may appeal the decision by filing a |
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written complaint with the governing body of the state agency under |
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this section. |
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(b) The governing body of a state agency that receives a |
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written complaint under Subsection (a) shall respond to the |
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complaint not later than the 15th business day after the date the |
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governing body receives the complaint. The governing body may |
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render a different hiring decision than the decision that is the |
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subject of the complaint if the governing body determines that the |
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employment preference under this chapter was not applied. |
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SECTION 2. Section 2303.402(c), Government Code, is amended |
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to read as follows: |
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(c) For the purposes of this section, an economically |
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disadvantaged individual is an individual who: |
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(1) was unemployed for at least three months before |
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obtaining employment with the qualified business; |
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(2) receives public assistance benefits, including |
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welfare payments or food stamps, based on need and intended to |
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alleviate poverty; |
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(3) is a low-income individual, as defined by Section |
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101, Workforce Investment Act of 1998 (29 U.S.C. Section 2801(25)); |
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(4) is an individual with a disability, as defined |
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by 29 U.S.C. Section 705(20)(A); |
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(5) is an inmate, as defined by Section 498.001; |
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(6) is entering the workplace after being confined in |
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a facility operated by the institutional division of the Texas |
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Department of Criminal Justice or under contract with the Texas |
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Department of Criminal Justice; |
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(7) has been released by the Texas Youth Commission |
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and is on parole, if state law provides for such a person to be on |
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parole; [or] |
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(8) meets the current low income or moderate income |
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limits developed under Section 8, United States Housing Act of 1937 |
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(42 U.S.C. Section 1437f et seq.); or |
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(9) was under the permanent managing conservatorship |
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of the Department of Family and Protective Services on the day |
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preceding the individual's 18th birthday. |
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SECTION 3. This Act takes effect September 1, 2009. |