Bill Text: TX HB28 | 2021 | 87th Legislature 1st Special Session | Introduced

Texas House Bill 28 (Prior Session Legislation)

Introduced

Bill Title: Relating to recognizing persons who separated from military service solely on the basis of sexual orientation as honorably discharged veterans under state law.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2021-07-07 - Filed [HB28 Detail]

Download: Texas-2021-HB28-Introduced.html

	87S10026 JCG-D

	By: Gervin-Hawkins	H.B. No. 28



	A BILL TO BE ENTITLED
	AN ACT
	relating to recognizing persons who separated from military service
	solely on the basis of sexual orientation as honorably discharged
	veterans under state law.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 434, Government Code, is amended by
	adding Subchapter J to read as follows:
	SUBCHAPTER J. BENEFITS, RIGHTS, PRIVILEGES, AND IMMUNITIES OF
	CERTAIN VETERANS
	Sec. 434.451. DEFINITIONS. In this subchapter:
	(1) "Active military service" has the meaning assigned
	by Section 437.001.
	(2) "DD Form 214" means any edition of United States
	Department of Defense Form 214 (Certificate of Release or Discharge
	from Active Duty).
	(3) "Military discharge record" means a document
	issued to a service member of the armed forces of the United States
	or the Texas Military Forces showing the service member's release
	or discharge from active military service. The term includes DD
	Form 214.
	(4) "Separation code" means:
	(A) an alphanumeric code found in block 26 of the
	edition of DD Form 214 dated 01 August 2009; or
	(B) a numeric code commonly known as a separation
	program code used on a previous edition of DD Form 214.
	Sec. 434.452. CERTAIN PERSONS CONSIDERED HONORABLY
	DISCHARGED. (a) The State of Texas recognizes a person as having
	been honorably discharged from active military service if:
	(1) according to the person's military discharge
	record, the person was dishonorably discharged, or resigned,
	retired, or otherwise separated from active military service on the
	basis of the person's sexual orientation; and
	(2) based on any previous characterization of service,
	the person would have otherwise received a more favorable character
	of discharge.
	(b) For purposes of Subsection (a)(1), a person is
	considered to have been dishonorably discharged or to have
	resigned, retired, or otherwise separated from active military
	service on the basis of the person's sexual orientation if:
	(1) any of the following separation codes appear on
	the person's DD Form 214 and represent a ground on which the person
	was released or discharged from the armed forces of the United
	States:
	(A) BLC;
	(B) BML;
	(C) BRA;
	(D) BRB;
	(E) BRC;
	(F) DLC;
	(G) GKC;
	(H) GLC;
	(I) GML;
	(J) GRA;
	(K) GRB;
	(L) GRC;
	(M) HLC;
	(N) HRA;
	(O) HRB;
	(P) HRC;
	(Q) HWL;
	(R) JB;
	(S) JJB;
	(T) JKC;
	(U) JLC;
	(V) JML;
	(W) JRA;
	(X) JRB;
	(Y) JRC;
	(Z) KRA;
	(AA) KRB;
	(BB) KRC;
	(CC) RA;
	(DD) RC;
	(EE) 249;
	(FF) 250;
	(GG) 251;
	(HH) 252;
	(II) 253;
	(JJ) 255;
	(KK) 256;
	(LL) 257; or
	(MM) 586; or
	(2) any other ground for release or discharge from
	active military service based on sexual orientation, including a
	predecessor or successor to a separation code listed in Subdivision
	(1), appears on the person's military discharge record.
	Sec. 434.453. ENTITLEMENT TO BENEFITS, RIGHTS, PRIVILEGES,
	AND IMMUNITIES. Notwithstanding any other law, a person recognized
	as having been honorably discharged under Section 434.452(a) is
	entitled to all benefits, rights, privileges, and immunities
	provided by this state or under state law to an honorably discharged
	veteran.
	Sec. 434.454. PROOF OF CERTAIN DISCHARGE. For purposes of
	this subchapter, an agency or officer of this state shall accept a
	copy of a person's DD Form 214 identified or commonly known as
	"Service 2 Copy" or "Member 4 Copy."
	SECTION 2. This Act takes effect on the 91st day after the
	last day of the legislative session.