Bill Text: TX SB10 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to employment, higher education, and state purchasing programs for veterans.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Engrossed - Dead) 2013-05-21 - Placed on General State Calendar [SB10 Detail]
Download: Texas-2013-SB10-Comm_Sub.html
Bill Title: Relating to employment, higher education, and state purchasing programs for veterans.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Engrossed - Dead) 2013-05-21 - Placed on General State Calendar [SB10 Detail]
Download: Texas-2013-SB10-Comm_Sub.html
By: Van de Putte, et al. | S.B. No. 10 | |
(Menendez) | ||
|
||
|
||
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. | ||
[ |
||
|
||
(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. [ |
||
|
||
SECTION 3. Section 657.002, Government Code, is amended to | ||
read as follows: | ||
Sec. 657.002. INDIVIDUALS QUALIFIED FOR [ |
||
VETERAN'S EMPLOYMENT PREFERENCE. The following individuals | ||
qualify [ |
||
preference [ |
||
(1) a veteran [ |
||
|
||
|
||
|
||
(2) a [ |
||
|
||
[ |
||
[ |
||
the veteran was killed while on active duty; and | ||
(3) [ |
||
|
||
[ |
||
[ |
||
|
||
|
||
[ |
||
[ |
||
|
||
|
||
|
||
SECTION 4. Subsections (a), (c), and (d), Section 657.003, | ||
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 [ |
||
|
||
|
||
(c) If a state agency [ |
||
|
||
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 [ |
||
|
||
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 [ |
||
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 [ |
||
[ |
||
|
||
hiring to individuals entitled to a veteran's employment preference | ||
until [ |
||
agency [ |
||
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 [ |
||
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[ |
||
|
||
preference equal to 20 percent of the total number of individuals | ||
interviewed for the position [ |
||
|
||
(c) A state agency may designate an open position as a | ||
veterans position and accept applications for the position only | ||
from individuals eligible for [ |
||
|
||
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 [ |
||
|
||
|
||
[ |
||
|
||
|
||
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 [ |
||
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 [ |
||
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 [ |
||
or classification. | ||
Sec. 657.008. REPORTING REQUIREMENTS. (a) A state agency | ||
[ |
||
that states: | ||
(1) the percentage of the total number of employees | ||
hired by the agency [ |
||
persons entitled to a preference under this chapter; | ||
(2) the percentage of the total number of the agency's | ||
[ |
||
this chapter; and | ||
(3) the number of complaints filed with the governing | ||
body of the agency [ |
||
quarter and the number of those complaints resolved by the | ||
governing body. | ||
(b) Not later than December 1 of each year, the [ |
||
comptroller shall file [ |
||
that compiles and analyzes information that the comptroller | ||
receives from state agencies [ |
||
(a). | ||
Sec. 657.009. STATE AGENCIES [ |
||
POSITIONS WITH TEXAS WORKFORCE COMMISSION. (a) A state agency | ||
[ |
||
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 [ |
||
|
||
(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 [ |
||
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 [ |
||
entitled to a veteran's employment preference under this chapter | ||
who is aggrieved by a decision of a state agency [ |
||
|
||
hiring the individual, or relating to retaining the individual if | ||
the state agency [ |
||
the decision by filing a written complaint with the governing body | ||
of the state agency [ |
||
section. | ||
(b) The governing body of a state agency [ |
||
|
||
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 [ |
||
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) Subsections (b) and (e), Section 657.003, | ||
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. |