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 at least 70 percent or on individual unemployability.