Bill Text: TX HB28 | 2021 | 87th Legislature 1st Special Session | 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.
Spectrum: Partisan Bill (Democrat 1-0)
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 |
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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. |