By: Campbell, et al. S.B. No. 805
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the employment of individuals qualified for a veteran's
  employment preference.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Military Veterans'
  Full Employment Act.
         SECTION 2.  Chapter 657, Government Code, is amended to read
  as follows:
  CHAPTER 657.  VETERAN'S EMPLOYMENT PREFERENCES
         Sec. 657.001.  DEFINITIONS. In this chapter:
               (1)  "State agency" means a board, commission, council,
  committee, department, office, agency, or other governmental
  entity in the executive, legislative, or judicial branch of state
  government, including an institution of higher education as defined
  by Section 61.003, Education Code.  ["Established
  service-connected disability" means a disability that has been or
  may be established by official records.]
               (2)  "Veteran" has the meaning assigned by Section
  2308.251.
               (3)  "Veteran with a disability" means a veteran who is
  classified as disabled by the United States Department of Veterans
  Affairs or its successor or the branch of the service in which the
  veteran served and whose disability is service-connected.  ["Public
  entity" means a public department, commission, board, or agency.]
         Sec. 657.002.  INDIVIDUALS QUALIFIED FOR [ENTITLED TO]
  VETERAN'S EMPLOYMENT PREFERENCE.  The following individuals
  qualify  [(a)  A veteran qualifies] for a veteran's employment
  preference [if the veteran]:
               (1)  a veteran, including a veteran with a disability
  [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)  a [was honorably discharged from military service;
  and
               [(3)  is competent.
         [(b)  A] veteran's surviving spouse who has not remarried;
  and
               (3)  [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 is competent].
         [(c)     In this section, "veteran" means an individual who
  served in the army, navy, air force, marine corps, or coast guard of
  the United States or in an auxiliary service of one of those
  branches of the armed forces.]
         Sec. 657.003.  VETERAN'S EMPLOYMENT PREFERENCE.  (a)  An
  individual who qualifies for a veteran's employment preference is
  entitled to a preference in employment with or appointment to a
  state agency [public entity or for a public work of this state] over
  other applicants for the same position who do not have a greater
  qualification.
         (b)  A state agency shall provide to an individual [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 [without a service-connected disability and]
  who do not have a greater qualification a veteran's employment
  preference, in the following order of priority:
               (1)  a veteran with a disability;
               (2)  a veteran;
               (3)  a veteran's surviving spouse who has not
  remarried; and
               (4)  an orphan of a veteran if the veteran was killed
  while on active duty.
         (c)  If a state agency [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
  otherwise is qualified for that position and who has received at
  least the minimum required score for the test is entitled to have a
  service credit of 10 points added to the test score.  A veteran with
  a disability [An individual who has an established
  service-connected disability] is entitled to have a service credit
  of five additional points added to the individual's test score.
         (d)  An individual entitled to a veteran's employment
  preference is not disqualified from holding a position with a state
  agency [public entity or public work of this state] because of age
  or an established service-connected disability if the age or
  disability does not make the individual incompetent to perform the
  duties of the position.
         [(e)  This chapter does not apply to:
               [(1)     the position of private secretary or deputy of an
  official or department; or
               [(2)     a person holding a strictly confidential relation
  to the appointing or employing officer.]
         Sec. 657.004.  VETERAN EMPLOYMENT GOAL [PREFERENCE
  REQUIRED] FOR STATE AGENCIES [PUBLIC ENTITIES AND PUBLIC WORKS].
  (a)  Each state agency shall establish a goal of hiring, in
  full-time positions at the agency, a number of veterans equal to at
  least [An individual whose duty is to appoint or employ individuals
  for a public entity or public work of this state shall give
  preference in hiring to individuals entitled to a veteran's
  employment preference so that at least] 40 percent of the total
  number of employees of the state agency [public entity or public
  work are selected from individuals given that preference.   A public
  entity or public work that does not have 40 percent of its employees
  who are entitled to the preference shall, in filling vacancies,
  give preferences to individuals entitled to a veteran's employment
  preference until it does have at least 40 percent of its employees
  who are entitled to the preference].
         (b)  A state agency may establish a veteran employment goal
  that is greater than the percentage required under Subsection (a) 
  [A public entity or public work shall, when possible, give 10
  percent of the preferences granted under this chapter to qualified
  veterans discharged from the armed services of the United States
  within the preceding 18 months.
         [(c)     A public entity or public work that has at least 40
  percent of its employees who are entitled to the preference is
  exempt from the requirements of Section 657.005].
         Sec. 657.0045.  DESIGNATION OF OPEN POSITION FOR AND
  IMMEDIATE HIRING OF INDIVIDUAL ENTITLED TO VETERAN'S EMPLOYMENT
  PREFERENCE. (a)  A state agency may designate an open position as a
  veteran's position and only accept applications for that position
  from individuals who are entitled to a veteran's employment
  preference under Section 657.003.
         (b)  Notwithstanding any other law, a state agency may hire
  or appoint for an open position within the agency an individual
  entitled to a veteran's employment preference under Section 657.003
  without announcing or advertising the position if the agency:
               (1)  uses the automated labor exchange system
  administered by the Texas Workforce Commission to identify an
  individual who qualifies for a veteran's employment preference
  under this chapter; and
               (2)  determines the individual meets the
  qualifications required for the position.
         Sec. 657.0046.  STATE AGENCY VETERAN'S LIAISON. (a)  Each
  state agency that has at least 500 full-time equivalent positions
  shall designate an individual from the agency to serve as a
  veteran's liaison.
         (b)  A state agency that has fewer than 500 full-time
  equivalent positions may designate an individual from the agency to
  serve as a veteran's liaison.
         (c)  Each state agency that designates a veteran's liaison
  shall make available on the agency's Internet website the liaison's
  individual work contact information.
         Sec. 657.0047.  INTERVIEWS AT STATE AGENCIES. For each
  announced open position at a state agency, the state agency shall
  interview:
               (1)  if the total number of individuals interviewed for
  the position is six or fewer, at least one individual qualified for
  a veteran's employment preference under Section 657.003; or
               (2)  if the total number of individuals interviewed for
  the position is more than six, a number of individuals qualified for
  a veteran's employment preference under Section 657.003 equal to at
  least 20 percent of the total number interviewed.
         Sec. 657.005.  EMPLOYMENT INVESTIGATION. (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 agency 
  or an officer or the chief administrator of the agency [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, the officer, chief executive, or individual whose
  duty is to appoint or employ shall appoint or employ the applicant
  for the position.]
         (b)  An applicant who is a veteran with a [an established
  service-connected] disability shall furnish the official records
  to the individual whose duty is to fill the position.
         Sec. 657.006.  FEDERAL LAW AND GRANTS. To the extent that
  this chapter conflicts with federal law or a limitation provided by
  a federal grant to a state agency [public entity], this chapter
  shall be construed to operate in harmony with the federal law or
  limitation of the federal grant.
         Sec. 657.007.  PREFERENCE APPLICABLE TO REDUCTION IN
  WORKFORCE. (a)  An individual entitled to a hiring or appointment 
  preference under this chapter is also entitled to a preference in
  retaining employment if the state agency [public entity] that
  employs or appoints the individual reduces its workforce.
         (b)  The preference granted under this section applies only
  to the extent that a reduction in workforce by an employing state
  agency [public entity] involves other employees of a similar type
  or classification.
         Sec. 657.008.  REPORTING REQUIREMENTS. (a)  A state agency
  [public entity] shall file quarterly with the comptroller a report
  that states:
               (1)  the percentage of the total number of employees
  hired or appointed by the agency [entity] during the reporting
  period who are persons entitled to a preference under this chapter;
               (2)  the percentage of the total number of the agency's
  [entity's] employees who are persons entitled to a preference under
  this chapter; and
               (3)  the number of complaints filed with the executive
  director [governing body] of the agency [entity] under Section
  657.010 during that quarter and the number of those complaints
  resolved by the executive director [governing body].
         (b)  The comptroller shall make each quarterly report filed
  under Subsection (a) available to the public on the comptroller's
  Internet website.
         (c)  Not later than December 1 of each year, the [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).
         Sec. 657.009.  STATE AGENCIES [PUBLIC ENTITIES] TO LIST
  POSITIONS WITH TEXAS WORKFORCE COMMISSION. (a)  A state agency
  [public entity] shall provide to the Texas Workforce Commission,
  under rules adopted under this section by the commission,
  information regarding an open position that is subject to the
  hiring or appointment preference required by this chapter.
         (b)  The Texas Workforce Commission shall make available to
  the public the information provided by a state agency [public
  entity] under Subsection (a).
         (c)  To promote the purposes of this chapter, the Texas
  Workforce Commission shall adopt rules under this section that
  facilitate the exchange of employment information between state
  agencies [public entities] and individuals entitled to a preference
  under this chapter.
         (d)  The Texas Workforce Commission shall adopt forms and
  procedures necessary to administer this section.
         Sec. 657.010.  COMPLAINT REGARDING EMPLOYMENT DECISION OF
  STATE AGENCY [PUBLIC ENTITY OR PUBLIC WORK]. (a)  An individual
  entitled to a veteran's employment preference under this chapter
  who is aggrieved by a decision of a state agency [public entity or
  public work of this state] to which this chapter applies relating to
  hiring or appointing the individual, or relating to retaining the
  individual if the state agency [entity or work] reduces its
  workforce, may appeal the decision by filing a written complaint
  with the executive director [governing body] of the state agency
  [public entity or public work] under this section.
         (b)  The executive director [governing body] of a state
  agency [public entity or public work] that receives a written
  complaint under Subsection (a) shall respond to the complaint not
  later than the 15th business day after the date the executive
  director [governing body] receives the complaint.  The executive
  director [governing body] may render a different hiring or
  appointment decision than the decision that is the subject of the
  complaint if the executive director [governing body] determines
  that the veteran's preference was not applied.
         SECTION 3.  The changes in law made by this Act to Chapter
  657, Government Code, apply only to an open position with a state
  agency for which the state agency begins accepting applications on
  or after the effective date of this Act.  An open position with a
  state agency for which the state agency begins accepting
  applications before the effective date of this Act is governed by
  the law in effect on the date the state agency began accepting
  applications, and the former law is continued in effect for that
  purpose.
         SECTION 4.  This Act takes effect September 1, 2015.