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State Employment and Selective Service Registration

 

In compliance with H.B. 558 passed during the 76th legislative session, The University of Texas System requires male citizens/nationals who are from 18 & less than 26 years of age to provide proof of registration with the Selective Service System or exemption from registration, prior to employment.

STATE EMPLOYMENT PROCEDURAL REQUIREMENT

The 76th Legislature enacted H.B. 558 into law. This law requires males from 18 & less than 26 years of age to provide proof of registration with the Selective Service prior to employment with the State of Texas. The statute, cited as Government Code, §651.005, states, in part, that:

    An agency in any branch of state government may not hire a person as an employee if the person is of the age and gender that would require a person residing in the United States to register with the selective service system under federal law, unless the person presents proof of the person’s: (1) registration with the selective service system as required by federal law; or (2) exemption from registration with the selective service system.

BASIS IN FEDERAL LAW

This requirement is based on federal law that states in relevant part that:

Except as otherwise provided in this title, it shall be the duty of every male citizen of the United States and every other male person residing in the United States who, on the day or days fixed for the first or any subsequent registration, is between the ages of eighteen (18) and less than twenty-six (26), to present himself for and submit to registration at such time or times and place or places, and in such manner, as shall be determined by proclamation of the President and by rules and regulations prescribed hereunder. The provisions of this section shall not be applicable to any alien lawfully admitted to the United States as a nonimmigrant under section 101(a)(15) of the Immigration and Nationality Act, as amended, for so long as he continues to maintain a lawful nonimmigrant status in the United States.

APPLICABILITY

Effective September 1, 1999 all males from eighteen & less than twenty-six years of age must provide proof of registration prior to beginning state employment. Please note that the age requirement is up to the individual's 26th birthday. Upon attaining the 26th year of age, the registration verification process is no longer applicable. Although the Selective Service Act is not applicable to males who are from 18 & less than 26 years of age and are in the United States as nonimmigrant aliens, it is suggested that non-immigrant aliens provide proof of such status. This verification requirement is applicable to all categories of U. T. System employees including faculty and student employees, classified employees, administrative and professional employees, temporary, and casual employees.

EXCEPTIONS

There are a few exceptions to the requirement to verify selective service registration. These include females, lawfully admitted non-immigrant aliens, e.g. those on visitor or student visas, members of diplomatic or trade missions and their families (although it is suggested that proof of status be verified), and males who have reached the age of 26.

PROCEDURES

The following procedures should be utilized to assure compliance.

The following informational language should be included on the Application for Employment form used by your institution:

In compliance with H.B. 558 passed during the 76th legislative session, The University of Texas System requires male citizens/nationals who are from 18 & less than 26 years of age to provide proof of registration with the Selective Service System or exemption from registration, prior to employment.

If your institution has already printed a large supply of application forms, it is suggested that this language be printed on an addendum sheet to the application until such time as your institution is ready to reprint the form.

Final candidates that are males from 18 & less than 26 years of age are required to complete a University of Texas Selective Service Registration Verification Form and provide proof of registration prior to employment. Proof of registration includes the individual’s selective service registration acknowledgment card or a copy of the individual’s on-line verification screen found on the Selective Service System’s web page at: https://www.sss.gov

Individuals can complete the required registration process by completing and submitting a registration card at any U. S. Post Office, or by accessing Register On-Line Now on the selective service web page, at the same web address as above. Those individuals that register at a U. S. Post Office must provide proof of registration prior to hire.
  • The U. T. System Selective Service Registration Verification Form and the attached documentation are to be added to the individual’s personnel file.
  • Any offer of employment to a male candidate 18 & less than 26 years of age is to be considered conditional until he has provided proof of registration with the Selective Service or exemption from the requirement.
  • The registration verification form is to be completed only for the finalist candidate. This verification is not to be asked of all applicants.
  • In the event that a candidate with a conditional offer of employment actually works, he must immediately provide proof of employment or be denied additional employment until such time as he has provided the required verification of registration.
  • Should the candidate be unable or unwilling to provide the required verification of registration, he must be considered as ineligible for state employment and not permitted to continue to work, in any capacity.
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    Updated: March 30, 2011