2005 Texas Government Code CHAPTER 657. VETERAN\'S EMPLOYMENT PREFERENCES

GOVERNMENT CODE

CHAPTER 657. VETERAN'S EMPLOYMENT PREFERENCES


	§ 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, § 1, eff. Sept. 1, 1993.           


	§ 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, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 854, § 1, eff. Sept. 1, 
1995.


	§ 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, § 1, eff. Sept. 1, 1993.           


	§ 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, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 854, § 2, eff. Sept. 1, 
1995.


	§ 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, § 1, eff. Sept. 1, 1993.           


	§ 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, § 1, eff. Sept. 1, 1993.           


	§ 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, § 3, eff. Sept. 1, 1995.           


	§ 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;  and
		(2)  the percentage of the total number of the entity's 
employees who are persons entitled to a preference under this 
chapter.
	(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, § 3, eff. Sept. 1, 1995.           


	§ 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, § 3.  Amended by Acts 
2003, 78th Leg., ch. 817, § 10.07, eff. Sept. 1, 2003.