By: Menéndez S.B. No. 109
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the entitlement of spouses of certain veterans with
  disabilities to a veteran's employment preference.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 657.002, Government Code, is amended to
  read as follows:
         Sec. 657.002.  INDIVIDUALS QUALIFIED FOR VETERAN'S
  EMPLOYMENT PREFERENCE.  The following individuals qualify for a
  veteran's employment preference:
               (1)  a veteran, including a veteran with a disability;
               (2)  a veteran's surviving spouse who has not
  remarried; [and]
               (3)  an orphan of a veteran if the veteran was killed
  while on active duty; and
               (4)  the spouse of a veteran with a disability who has a
  total disability rating based either on having a service-connected
  disability with a disability rating of 100 percent or on individual
  unemployability and who is receiving Supplemental Security Income
  (SSI) benefits under 42 U.S.C. Section 1381 et seq. or Social
  Security Disability Insurance (SSDI) benefits under 42 U.S.C.
  Section 401 et seq., if the spouse was married to the veteran at the
  time the veteran separated from the armed services.
         SECTION 2.  Section 657.003(b), Government Code, is amended
  to read as follows:
         (b)  A state agency shall provide to an individual entitled
  to a veteran's employment preference for employment or appointment
  over other applicants for the same position 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 spouse of a veteran with a disability as
  described by Section 657.002(4);
               (4)  a veteran's surviving spouse who has not
  remarried; and
               (5)  [(4)] an orphan of a veteran if the veteran was
  killed while on active duty.
         SECTION 3.  Section 657.005(b), Government Code, is amended
  to read as follows:
         (b)  An applicant who is either a veteran with a disability
  or a spouse of a veteran with a disability as described by Section
  657.002(4) shall furnish the official records to the individual
  whose duty is to fill the position.
         SECTION 4.  The changes in law made by this Act 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 5.  This Act takes effect September 1, 2017.