Law:Title 6. Public Officers And Employees. Subtitle B. State Officers And Employees from Chapter 657. Veteran's Employment Preferences (Texas)

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Subtitle B. State Officers And Employees

Contents

Chapter 657. Veteran's Employment Preferences

Section  657.001.  Definitions.

In this chapter:

(1)  "Established service-connected disability" means a disability that has been or may be established by official records.

(2)  "Public entity" means a public department, commission, board, or agency.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  657.002.  Individuals Entitled To Veteran's Employment Preference.

(a) A veteran qualifies for a veteran's employment preference if the veteran:

(1)  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)  was honorably discharged from military service; and

(3)  is competent.

(b)  A veteran's surviving spouse who has not remarried 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 854, Sec. 1, eff. Sept. 1, 1995.



Section  657.003.  Veteran's Employment Preference.

(a) An individual who qualifies for a veteran's employment preference is entitled to a preference in employment with or appointment to a public entity or for a public work of this state over other applicants for the same position who do not have a greater qualification.

(b)  An individual who has an established service-connected disability and is entitled to a veteran's employment preference is entitled to preference for employment or appointment in a position for which a competitive examination is not held over all other applicants for the same position without a service-connected disability and who do not have a greater qualification.

(c)  If a 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. 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 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.

(e)  This chapter does not apply to:

(1)  the position of private secretary or deputy of an official or department; or

(2)  a person holding a strictly confidential relation to the appointing or employing officer.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  657.004.  Preference Required For Public Entities And Public Works.

(a) 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 so that at least 40 percent of the employees of the public entity or public work are selected from individuals given that preference. A public entity or public work that does not have 40 percent of its employees who are entitled to the preference shall, in filling vacancies, give preferences to individuals entitled to a veteran's employment preference until it does have at least 40 percent of its employees who are entitled to the preference.

(b)  A public entity or public work shall, when possible, give 10 percent of the preferences granted under this chapter 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 854, Sec. 2, eff. Sept. 1, 1995.



Section  657.005.  Employment Investigation.

(a) The individual whose duty is to appoint or employ an applicant for a position with a public entity or public work of this state or an officer or the chief administrator of the entity or work who receives an application for appointment or employment by an individual entitled to a veteran's employment preference, before appointing or employing any individual, shall investigate the qualifications of the applicant for the position. If the applicant is of good moral character and can perform the duties of the position, the officer, chief executive, or individual whose duty is to appoint or employ shall appoint or employ the applicant for the position.

(b)  An applicant with an established service-connected disability shall furnish the official records to the individual whose duty is to fill the position.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  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 public entity, this chapter shall be construed to operate in harmony with the federal law or limitation of the federal grant.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  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 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 public entity involves other employees of a similar type or classification.

Added by Acts 1995, 74th Leg., ch. 854, Sec. 3, eff. Sept. 1, 1995.



Section  657.008.  Reporting Requirements.

(a) A public entity shall file quarterly with the comptroller a report that states:

(1)  the percentage of the total number of employees hired by the entity during the reporting period who are persons entitled to a preference under this chapter;

(2)  the percentage of the total number of the 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 entity under Section 657.010 during that quarter and the number of those complaints resolved by the governing body.

(b)  The comptroller shall file annually with the legislature a report that compiles and analyzes information that the comptroller receives from public entities under Subsection (a).

Added by Acts 1995, 74th Leg., ch. 854, Sec. 3, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1016, Sec. 2, eff. September 1, 2007.



Section  657.009.  Public Entities To List Positions With Texas Workforce Commission.

(a) A 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 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 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.

Added by Acts 1995, 74th Leg., ch. 854, Sec. 3. Amended by Acts 2003, 78th Leg., ch. 817, Sec. 10.07, eff. Sept. 1, 2003.



Section 657.010.  Complaint Regarding Employment Decision Of 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 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 entity or work reduces its workforce, may appeal the decision by filing a written complaint with the governing body of the public entity or public work under this section.

(b)  The governing body of a 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.

Added by Acts 2007, 80th Leg., R.S., Ch. 1016, Sec. 1, eff. September 1, 2007.


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