83R12115 YDB-F
 
  By: Van de Putte S.B. No. 10
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to employment, higher education, and state purchasing
  programs for veterans.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Veterans' Employment
  and Business Opportunity Act.
         SECTION 2.  Section 657.001, Government Code, is amended to
  read as follows:
         Sec. 657.001.  DEFINITIONS. In this chapter:
               (1)  "Disabled veteran" 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.  
  ["Established service-connected disability" means a disability
  that has been or may be established by official records.]
               (2)  "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.
               (3)  "Veteran" has the meaning assigned by Section
  2308.251. ["Public entity" means a public department, commission,
  board, or agency.]
         SECTION 3.  Section 657.002, Government Code, is amended to
  read as follows:
         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 [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, if
  the veteran was killed while on active duty; 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.]
         SECTION 4.  Sections 657.003(a), (c), and (d), Government
  Code, are amended to read as follows:
         (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].
         (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 disabled
  veteran [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.
         SECTION 5.  Section 657.004, Government Code, is amended to
  read as follows:
         Sec. 657.004.  VETERAN'S PREFERENCE REQUIRED FOR STATE
  AGENCIES [PUBLIC ENTITIES AND PUBLIC WORKS]. (a) A state agency [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
  until [so that] at least 40 percent of the employees of the state
  agency [public entity or public work] are selected from individuals
  given that preference.
         (b)  Unless an insufficient number of individuals entitled
  to a veteran's employment preference apply for an open agency
  position, a state agency [A public entity or public work] that does
  not have 40 percent of its employees who are entitled to the
  veteran's employment preference shall for each announced open
  position at the agency interview the greater of:
               (1)  one individual entitled to a veteran's employment
  preference; or
               (2)  a number of [, in filling vacancies, give
  preferences to] individuals entitled to a veteran's employment
  preference equal to 20 percent of the total number of individuals
  interviewed for the position [until it does have at least 40 percent
  of its employees who are entitled to the preference].
         (c)  A state agency may designate an open position as a
  veterans position and accept applications for the position only
  from individuals eligible for [(b)     A public entity or public work
  shall, when possible, give 10 percent of] the preferences granted
  under this chapter.
         (d)  A state agency with more than 500 full-time equivalent
  positions shall designate an individual from the agency to serve as
  a veterans liaison within the agency [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.]
         SECTION 6.  Chapter 657, Government Code, is amended by
  adding Section 657.0045 to read as follows:
         Sec. 657.0045.  IMMEDIATE HIRING OF INDIVIDUAL ENTITLED TO
  VETERAN'S PREFERENCE. Notwithstanding any other law, a state
  agency that has not reached the employment percentage required
  under Section 657.004 may hire for an open position within the
  agency an individual entitled to a veteran's employment preference
  under that section without announcing or advertising the position
  if the agency:
               (1)  uses the Texas Workforce Commission's employment
  Internet website 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.
         SECTION 7.  Sections 657.006, 657.007, 657.008, 657.009, and
  657.010, Government Code, are amended to read as follows:
         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 preference under
  this chapter is also entitled to a preference in retaining
  employment if the state agency [public entity] that employs 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 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 governing
  body of the agency [entity] under Section 657.010 during that
  quarter and the number of those complaints resolved by the
  governing body.
         (b)  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 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 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 governing body
  of the state agency [public entity or public work] under this
  section.
         (b)  The 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 governing body receives the complaint.  The
  governing body may render a different hiring decision than the
  decision that is the subject of the complaint if the governing body
  determines that the veteran's preference was not applied.
         SECTION 8.  Section 122.002, Human Resources Code, is
  amended by amending Subdivisions (3) and (5) and adding Subdivision
  (6) to read as follows:
               (3)  "Community rehabilitation program" means a
  government or nonprofit private program or a service-disabled
  veteran-owned business that is operated under criteria established
  by the council and under which persons with severe disabilities or
  service-disabled veterans produce products or perform services for
  compensation.
               (5)  "Disability" means a mental or physical
  impairment, including blindness, that impedes a person who is
  seeking, entering, or maintaining gainful employment. The term
  includes a disability of a service-disabled veteran.
               (6)  "Service-disabled veteran" has the meaning
  assigned by Section 2155.444(c), Government Code.
         SECTION 9.  Section 302.0031, Labor Code, is amended by
  amending Subsection (b) and adding Subsection (g) to read as
  follows:
         (b)  The commission shall establish and administer the
  College Credit for Heroes [demonstration] program to identify,
  develop, and support methods to maximize academic or workforce
  education credit awarded by institutions of higher education to
  veterans and military servicemembers for military experience,
  education, and training obtained during military service in order
  to expedite the entry of veterans and military servicemembers into
  the workforce.
         (g)  Not later than November 1 of each year, the commission,
  after consultation with the Texas Higher Education Coordinating
  Board, shall report to the legislature and the governor on:
               (1)  the results of any grants awarded under this
  section;
               (2)  the best practices for veterans and military
  servicemembers to achieve maximum academic or workforce education
  credit at institutions of higher education for military experience,
  education, and training obtained during military service;
               (3)  measures needed to facilitate the award of
  academic or workforce education credit by institutions of higher
  education for military experience, education, and training
  obtained during military service; and
               (4)  other related measures needed to facilitate the
  entry of trained, qualified veterans and military servicemembers
  into the workforce.
         SECTION 10.  The following sections are repealed:
               (1)  Sections 657.003(b) and (e), Government Code; and
               (2)  Section 657.005, Government Code.
         SECTION 11.  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 12.  This Act takes effect September 1, 2013.