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A BILL TO BE ENTITLED
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AN ACT
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relating to recognizing persons who separated from military service |
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solely on the basis of sexual orientation as honorably discharged |
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veterans under state law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 434, Government Code, is amended by |
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adding Subchapter J to read as follows: |
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SUBCHAPTER J. BENEFITS, RIGHTS, PRIVILEGES, AND IMMUNITIES OF |
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CERTAIN VETERANS |
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Sec. 434.451. DEFINITIONS. In this subchapter: |
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(1) "Active military service" has the meaning assigned |
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by Section 437.001. |
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(2) "DD Form 214" means any edition of United States |
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Department of Defense Form 214 (Certificate of Release or Discharge |
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from Active Duty). |
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(3) "Military discharge record" means a document |
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issued to a service member of the armed forces of the United States |
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or the Texas Military Forces showing the service member's release |
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or discharge from active military service. The term includes DD |
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Form 214. |
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(4) "Separation code" means: |
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(A) an alphanumeric code found in block 26 of the |
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edition of DD Form 214 dated August 2009; or |
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(B) a numeric code commonly known as a separation |
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program code used on a previous edition of DD Form 214. |
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Sec. 434.452. CERTAIN PERSONS CONSIDERED HONORABLY |
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DISCHARGED. (a) The State of Texas recognizes a person as having |
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been honorably discharged from active military service if: |
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(1) according to the person's military discharge |
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record, the person on the basis of the person's sexual orientation: |
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(A) was dishonorably discharged; or |
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(B) resigned, retired, or otherwise separated |
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from active military service; and |
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(2) based on any previous characterization of service, |
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the person would have otherwise received a more favorable character |
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of discharge. |
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(b) For purposes of Subsection (a)(1), a person is |
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considered to have been dishonorably discharged or to have |
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resigned, retired, or otherwise separated from active military |
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service on the basis of the person's sexual orientation if: |
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(1) any of the following separation codes appear on |
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the person's DD Form 214 and represent a ground on which the person |
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was released or discharged from the armed forces of the United |
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States: |
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(A) BLC; |
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(B) BML; |
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(C) BRA; |
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(D) BRB; |
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(E) BRC; |
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(F) DLC; |
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(G) GKC; |
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(H) GLC; |
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(I) GML; |
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(J) GRA; |
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(K) GRB; |
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(L) GRC; |
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(M) HLC; |
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(N) HRA; |
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(O) HRB; |
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(P) HRC; |
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(Q) HWL; |
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(R) JB; |
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(S) JJB; |
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(T) JKC; |
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(U) JLC; |
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(V) JML; |
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(W) JRA; |
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(X) JRB; |
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(Y) JRC; |
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(Z) KRA; |
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(AA) KRB; |
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(BB) KRC; |
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(CC) RA; |
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(DD) RC; |
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(EE) 249; |
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(FF) 250; |
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(GG) 251; |
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(HH) 252; |
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(II) 253; |
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(JJ) 255; |
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(KK) 256; |
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(LL) 257; or |
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(MM) 586; or |
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(2) any other ground for release or discharge from |
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active military service based on sexual orientation, including a |
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predecessor or successor to a separation code listed in Subdivision |
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(1), appears on the person's military discharge record. |
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Sec. 434.453. ENTITLEMENT TO BENEFITS, RIGHTS, PRIVILEGES, |
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AND IMMUNITIES. Notwithstanding any other law, a person recognized |
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as having been honorably discharged under Section 434.452(a) is |
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entitled to all benefits, rights, privileges, and immunities |
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provided by this state or under state law to an honorably discharged |
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veteran. |
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Sec. 434.454. PROOF OF CERTAIN DISCHARGE. For purposes of |
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this subchapter, an agency or officer of this state shall accept a |
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copy of a person's DD Form 214 identified or commonly known as |
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"Service 2 Copy" or "Member 4 Copy." |
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SECTION 2. This Act takes effect September 1, 2023. |