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Mr. Don Gilbert - Page 2
section in pari materia with section 657.003(a) of the Government Code, which defines the reference in employment as follows: An individual who qualifies for a veteran's employment preference is entitled to a preference... over other applications for the same position who do not have a greater qualification. There is no reason to assume that the preference available for retention purposes is greater than that for hiring purposes. Nothing in the language or legislative history of section 657.007 indicates an intent to modify the nature of the preference. Accordingly, the preference is to be taken into consideration when selecting among similarly qualified and similarly situated employees, and does not require the retention of a veteran in place of a more qualified employee who is not a veteran. SUMMARY The preference for veterans in a reduction workforce mandated by section 657.007 of the Government Code is not absolute. Veterans are to be preferred when selection among similarly qualified and similarly situated employees, but are not entitled preference over more qualified employees who are not veterans. Yours very truly, DAN MORALES Attorney General of Texas JORGE VEGA First Assistant Attorney General SARAH J. SHIRLEY Chair, Opinion Committee Prepared by James E. Tourtelott Assistant Attorney General