HB 446 — A state employment preference

90R174 LRM-F By: Guillen H.B. No. 446 relating to a state employment preference for certain spouses or individuals who reside with veterans with a disability.

SECTION 1. Section 657.002, Government Code, is amended to read as follows: Sec. 657.002. INDIVIDUALS QUALIFIED FOR MILITARY EMPLOYMENT PREFERENCE. The following individuals qualify for a military employment preference: (1) a veteran, including a veteran with a disability; (2) a veteran's surviving spouse who has not remarried; (3) an orphan of a veteran if the veteran was killed while on active duty; (4) the spouse of a member of the United States armed forces or Texas National Guard serving on active duty; [ and ] (5) the spouse of a veteran if the spouse is the primary source of income for the household and the veteran has a total disability rating based either on having a service-connected disability with a disability rating of 100 [ at least 70 ] percent or on individual unemployability ; and (6) an individual who resides in a household with a veteran if the individual is the primary source of income for the household and the veteran: (A) has a total disability rating based either on having a service-connected disability with a disability rating of 100 percent or on individual unemployability; and (B) is receiving Supplemental Security Income (SSI) benefits under 42 U.S.C. Section 1381 et seq. or Social Security Disability Insurance (SSDI) benefits under 42 U.S.C. Section 401 et seq .

SECTION 2. Section 657.003(b), Government Code, is amended to read as follows: (b) A state agency shall provide to an individual entitled to a military employment preference for employment or appointment over other applicants for the same position who do not have a greater qualification a military employment preference, in the following order of priority: (1) a veteran with a disability; (2) a veteran; (3) a spouse described by Section 657.002(4) or (5); (4) a veteran's surviving spouse who has not remarried; [ and ] (5) an orphan of a veteran if the veteran was killed while on active duty ; and (6) an individual described by Section 657.002(6) .

SECTION 3. Section 657.005(b), Government Code, is amended to read as follows: (b) An applicant who is a veteran with a disability , a spouse of a veteran as described by Section 657.002(5), or an individual as described by Section 657.002(6), shall furnish the official records to the individual whose duty is to fill the position.

SECTION 4. The changes in law made by this Act 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 5. This Act takes effect September 1, 2027.