Menéndez Bill Counts Vets Discharged Over Sexual Orientation As Honorable

The text as introduced · 575 words

90R4938 JON-D

By: Menéndez
S.B. No. 138

A BILL TO BE ENTITLED

AN ACT

relating to recognizing persons who separated from military service

solely on the basis of sexual orientation as honorably discharged

veterans under state law, including entitlement to all benefits,

rights, privileges, and immunities provided under state law to

those veterans.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 434, Government Code, is amended by

adding Subchapter L to read as follows:

SUBCHAPTER L. BENEFITS, RIGHTS, PRIVILEGES, AND IMMUNITIES OF

CERTAIN VETERANS

Sec. 434.461. DEFINITIONS. In this subchapter:

(1) "Active military service" has the meaning assigned

by Section 437.001.

(2) "DD Form 214" means any edition of United States

Department of Defense Form 214 (Certificate of Release or Discharge

from Active Duty).

(3) "Military discharge record" means a document

issued to a service member of the armed forces of the United States

or the Texas military forces showing the service member's release

or discharge from active military service. The term includes DD

Form 214.

(4) "Separation code" means:

(A) an alphanumeric code found in block 26 of the

edition of DD Form 214 dated August 2009; or

(B) a numeric code commonly known as a separation

program code used on a previous edition of DD Form 214.

Sec. 434.462. CERTAIN PERSONS CONSIDERED HONORABLY

DISCHARGED. (a) The State of Texas recognizes a person as having

been honorably discharged from active military service if:

(1) according to the person's military discharge

record, the person on the basis of the person's sexual orientation:

(A) was dishonorably discharged; or

(B) resigned, retired, or otherwise separated

from active military service; and

(2) based on any previous characterization of service,

the person would have otherwise received a more favorable character

of discharge.

(b) For purposes of Subsection (a)(1), a person is

considered to have been dishonorably discharged or to have

resigned, retired, or otherwise separated from active military

service on the basis of the person's sexual orientation if:

(1) any of the following separation codes appear on

the person's DD Form 214 and represent a ground on which the person

was released or discharged from the armed forces of the United

States:

(A) BLC;

(B) BML;

(C) BRA;

(D) BRB;

(E) BRC;

(F) DLC;

(G) GKC;

(H) GLC;

(I) GML;

(J) GRA;

(K) GRB;

(L) GRC;

(M) HLC;

(N) HRA;

(O) HRB;

(P) HRC;

(Q) HWL;

(R) JB;

(S) JJB;

(T) JKC;

(U) JLC;

(V) JML;

(W) JRA;

(X) JRB;

(Y) JRC;

(Z) KRA;

(AA) KRB;

(BB) KRC;

(CC) RA;

(DD) RC;

(EE) 249;

(FF) 250;

(GG) 251;

(HH) 252;

(II) 253;

(JJ) 255;

(KK) 256;

(LL) 257; or

(MM) 586; or

(2) any other ground for release or discharge from

active military service based on sexual orientation, including a

predecessor or successor to a separation code listed in Subdivision

(1), appears on the person's military discharge record.

Sec. 434.463. ENTITLEMENT TO BENEFITS, RIGHTS, PRIVILEGES,

AND IMMUNITIES. Notwithstanding any other law, a person recognized

as having been honorably discharged under Section 434.462(a) is

entitled to all benefits, rights, privileges, and immunities

provided by this state or under state law to an honorably discharged

veteran.

Sec. 434.464. PROOF OF CERTAIN DISCHARGE. For purposes of

this subchapter, an agency or officer of this state shall accept a

copy of a person's DD Form 214 identified or commonly known as

"Service 2 Copy" or "Member 4 Copy."

SECTION 2. This Act takes effect September 1, 2027.