CHAPTER 657. VETERAN'S EMPLOYMENT PREFERENCES - Texas Statutes

GOVERNMENT CODE

TITLE 6. PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE B. STATE OFFICERS AND EMPLOYEES

CHAPTER 657. VETERAN'S EMPLOYMENT PREFERENCES

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

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 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.

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 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.

Sec. 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.

Sec. 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.

Sec. 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.