1. (a) Policy.

   1. (1) In compliance with Government Code, Chapter 657, an individual who qualifies for a veteran's employment preference is entitled to a preference in employment with the department over other applicants for the same position who do not have a greater qualification.
   2. (2) An individual who has an established service-connected disability and is entitled to a veteran's employment preference, is entitled to preference for employment in a position over all other applicants for the same position without a service-connected disability and who do not have a greater qualification.

   3. (3) The veteran's employment preference does not apply to a position:

      1. (A) of private secretary or deputy of an official of the department; or
      2. (B) in which the employee is in a strictly confidential relation to the appointing or employing official.

2. (b) Eligibility.

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

      1. (A) 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. (B) was honorably discharged from military service; and
      3. (C) is competent.

   2. (2) A surviving spouse qualifies for a veteran's employment preference if the:

      1. (A) veteran was killed while on active duty;
      2. (B) veteran served in the military for not less than 90 consecutive days during a national emergency declared in accordance with federal law;
      3. (C) surviving spouse is competent; and
      4. (D) surviving spouse has not remarried.

   3. (3) An orphan qualifies for a veteran's employment preference if the:

      1. (A) veteran was killed while on active duty;
      2. (B) veteran served in the military for not less than 90 consecutive days; and
      3. (C) orphan is competent.
3. (c) Listing positions with Texas Workforce Commission. Beginning January 31, 1995, the department will provide information regarding an open position that is subject to the veteran's employment preference to the Texas Workforce Commission.

4. (d) Percentage of workforce requirement.

   1. (1) The department will give preference in hiring to qualified individuals so that at least 40% of the employees of the department are selected from individuals given that preference.
   2. (2) The department will give 10% of the preferences granted under this section to qualified veterans discharged from the armed services of the United States within the preceding 18 months.
   3. (3) The requirements of this subsection do not apply if at least 40% of its employees are entitled to the preference.

5. (e) Investigation of eligibility.

   1. (1) An applicant who is given a veteran's employment preference shall provide proof, in the form of a Department of Defense Form 214 (DD Form 214), of his or her eligibility for such preference to the hiring supervisor.
   2. (2) An applicant with an established service-connected disability shall furnish a document to the hiring supervisor that establishes the disability and which is issued by a branch of the military.
   3. (3) An applicant who is a surviving spouse or orphan shall provide proof in the form of a DD Form 214 and a death certificate for the veteran.
   4. (4) A hiring supervisor, upon receipt of an employment application from a qualified individual who is entitled to a veteran's employment preference, shall investigate the qualifications of the applicant for the position, by reviewing the information contained on the employment application and obtained during interviews for the position before making an offer of employment.

6. (f) Reduction in workforce.

   1. (1) An individual entitled to a veteran's employment preference is also entitled to a preference in retaining employment if the department reduces its workforce.
   2. (2) The preference granted under this subsection applies only to the extent that a reduction in workforce by the department involves other employees of a similar type or classification.

7. (g) Reporting requirements. The department shall file quarterly with the comptroller a report that states:

   1. (1) the percentage of the total number of employees hired by the department during the reporting period who are persons entitled to a veteran's employment preference under this section; and
   2. (2) the percentage of the total number of the department's employees who are persons entitled to a veteran's employment preference under this section.
8. (h) Federal law and grants. To the extent that this section conflicts with federal law or a limitation provided by a federal grant to a public entity, this section will be construed to operate in harmony with the federal law or limitation of the federal grant.

Source Note:The provisions of this §4.16 adopted to be effective April 23, 1996, 21 TexReg 3220.