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A BILL TO BE ENTITLED
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AN ACT
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relating to an employment preference for members of the military |
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and their spouses for positions at state agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 656.027, Government Code, is amended to |
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read as follows: |
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Sec. 656.027. MILITARY EMPLOYMENT PREFERENCE [FOR |
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VETERANS] ON STATE EMPLOYMENT FORMS. The commission shall include |
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on all forms relating to state agency employment that are |
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prescribed by the commission under this subchapter or other law a |
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statement regarding the requirement prescribed by Chapter 657 that |
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each state agency give a military [veterans] employment preference |
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until the agency workforce is composed of at least 20 [40] percent |
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individuals who qualify for a military employment preference under |
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Section 657.002 [veterans]. |
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SECTION 2. The heading to Chapter 657, Government Code, is |
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amended to read as follows: |
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CHAPTER 657. MILITARY [VETERAN'S] EMPLOYMENT PREFERENCES |
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SECTION 3. Section 657.002, Government Code, is amended to |
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read as follows: |
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Sec. 657.002. INDIVIDUALS QUALIFIED FOR MILITARY |
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[VETERAN'S] EMPLOYMENT PREFERENCE. The following individuals |
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qualify for a military [veteran's] employment preference: |
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(1) a veteran, including a veteran with a disability; |
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(2) a veteran's surviving spouse who has not |
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remarried; [and] |
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(3) an orphan of a veteran if the veteran was killed |
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while on active duty; and |
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(4) the spouse of a member of the United States armed |
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forces or Texas National Guard serving on active duty. |
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SECTION 4. Section 657.003, Government Code, is amended to |
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read as follows: |
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Sec. 657.003. MILITARY [VETERAN'S] EMPLOYMENT PREFERENCE. |
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(a) An individual who qualifies for a military [veteran's] |
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employment preference is entitled to a preference in employment |
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with or appointment to a state agency over other applicants for the |
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same position who do not have a greater qualification. |
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(b) A state agency shall provide to an individual entitled |
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to a military [veteran's] employment preference for employment or |
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appointment over other applicants for the same position who do not |
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have a greater qualification a military [veteran's] employment |
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preference, in the following order of priority: |
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(1) a veteran with a disability; |
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(2) a veteran; |
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(3) a spouse of a member of the United States armed |
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forces or Texas National Guard serving on active duty as described |
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by Section 657.002(4); |
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(4) a veteran's surviving spouse who has not |
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remarried; and |
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(5) [(4)] an orphan of a veteran if the veteran was |
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killed while on active duty. |
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(c) 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 a military |
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[veteran's] employment preference who otherwise is qualified for |
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that position and who has received at least the minimum required |
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score for the test is entitled to have a service credit of 10 points |
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added to the test score. A veteran with a disability is entitled to |
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have a service credit of five additional points added to the |
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individual's test score. |
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(d) An individual entitled to a military [veteran's] |
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employment preference is not disqualified from holding a position |
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with a state agency because of age or an established |
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service-connected disability if the age or disability does not make |
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the individual incompetent to perform the duties of the position. |
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SECTION 5. Section 657.0045, Government Code, is amended to |
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read as follows: |
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Sec. 657.0045. DESIGNATION OF OPEN POSITION FOR AND |
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IMMEDIATE HIRING OF INDIVIDUAL ENTITLED TO MILITARY [VETERAN'S] |
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EMPLOYMENT PREFERENCE. (a) A state agency may designate an open |
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position as a military preference [veteran's] position and only |
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accept applications for that position from individuals who are |
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entitled to a military [veteran's] employment preference under |
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Section 657.003. |
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(b) Notwithstanding any other law, a state agency may hire |
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or appoint for an open position within the agency an individual |
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entitled to a military [veteran's] employment preference under |
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Section 657.003 without announcing or advertising the position if |
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the agency: |
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(1) uses the automated labor exchange system |
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administered by the Texas Workforce Commission to identify an |
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individual who qualifies for a military [veteran's] employment |
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preference under this chapter; and |
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(2) determines the individual meets the |
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qualifications required for the position. |
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SECTION 6. Section 657.0046, Government Code, is amended to |
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read as follows: |
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Sec. 657.0046. STATE AGENCY [VETERAN'S] LIAISON FOR |
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VETERANS, MILITARY MEMBERS, AND THEIR DEPENDENTS. (a) Each state |
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agency that has at least 500 full-time equivalent positions shall |
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designate an individual from the agency to serve as a [veteran's] |
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liaison for veterans, military members, and their dependents. |
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(b) A state agency that has fewer than 500 full-time |
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equivalent positions may designate an individual from the agency to |
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serve as the [a veteran's] liaison described by Subsection (a). |
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(c) Each state agency that designates a [veteran's] liaison |
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under this section shall make available on the agency's Internet |
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website the liaison's individual work contact information. |
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SECTION 7. Section 657.0047, Government Code, is amended to |
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read as follows: |
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Sec. 657.0047. INTERVIEWS AT STATE AGENCIES. (a) For each |
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announced open position at a state agency, the state agency shall |
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interview: |
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(1) if the total number of individuals interviewed for |
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the position is six or fewer, at least one individual qualified for |
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a military [veteran's] employment preference under Section |
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657.003; or |
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(2) if the total number of individuals interviewed for |
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the position is more than six, a number of individuals qualified for |
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a military [veteran's] employment preference under Section 657.003 |
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equal to at least 20 percent of the total number interviewed. |
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(b) A state agency that does not receive any applications |
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from individuals who qualify for a military [veteran's] employment |
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preference under Section 657.003 is not required to comply with |
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Subsection (a). |
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SECTION 8. Section 657.005(a), Government Code, is amended |
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to read as follows: |
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(a) The individual whose duty is to appoint or employ an |
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applicant for a position with a state agency or an officer or the |
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chief administrator of the agency who receives an application for |
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appointment or employment by an individual entitled to a military |
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[veteran's] employment preference, before appointing or employing |
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any individual, shall investigate the qualifications of the |
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applicant for the position. |
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SECTION 9. Section 657.010, Government Code, is amended to |
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read as follows: |
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Sec. 657.010. COMPLAINT REGARDING EMPLOYMENT DECISION OF |
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STATE AGENCY. (a) An individual entitled to a military [veteran's] |
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employment preference under this chapter who is aggrieved by a |
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decision of a state agency to which this chapter applies relating to |
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hiring or appointing the individual, or relating to retaining the |
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individual if the state agency reduces its workforce, may appeal |
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the decision by filing a written complaint with the executive |
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director of the state agency under this section. |
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(b) The executive director 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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executive director receives the complaint. The executive director |
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may render a different hiring or appointment decision than the |
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decision that is the subject of the complaint if the executive |
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director determines that the military [veteran's] preference was |
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not applied. |
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SECTION 10. Section 32.54(b), Penal Code, is amended to |
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read as follows: |
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(b) A person commits an offense if the person: |
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(1) uses or claims to hold a military record that the |
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person knows: |
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(A) is fraudulent; |
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(B) is fictitious or has otherwise not been |
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granted or assigned to the person; or |
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(C) has been revoked; and |
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(2) uses or claims to hold that military record: |
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(A) in a written or oral advertisement or other |
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promotion of a business; or |
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(B) with the intent to: |
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(i) obtain priority in receiving services |
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or resources under Subchapter G, Chapter 302, Labor Code; |
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(ii) qualify for a military [veteran's] |
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employment preference under Chapter 657, Government Code; |
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(iii) obtain a license or certificate to |
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practice a trade, profession, or occupation; |
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(iv) obtain a promotion, compensation, or |
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other benefit, or an increase in compensation or other benefit, in |
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employment or in the practice of a trade, profession, or |
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occupation; |
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(v) obtain a benefit, service, or donation |
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from another person; |
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(vi) obtain admission to an educational |
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program in this state; or |
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(vii) gain a position in state government |
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with authority over another person, regardless of whether the actor |
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receives compensation for the position. |
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SECTION 11. The changes in law made by this Act to Chapter |
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657, Government Code, apply only to an open position with a state |
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agency for which the state agency begins accepting applications on |
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or after the effective date of this Act. An open position with a |
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state agency for which the state agency begins accepting |
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applications before the effective date of this Act is governed by |
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the law in effect on the date the state agency began accepting |
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applications, and the former law is continued in effect for that |
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purpose. |
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SECTION 12. This Act takes effect September 1, 2023. |