Bill Text: TX HB4388 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to reemployment protections for certain members of the military.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-29 - Referred to State Affairs [HB4388 Detail]
Download: Texas-2021-HB4388-Introduced.html
By: Herrero | H.B. No. 4388 |
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relating to reemployment protections for certain members of the | ||
military. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 613, Government Code, is | ||
amended by adding Section 613.024 to read as follows: | ||
Sec. 613.024. ENFORCEMENT OF RIGHTS WITH RESPECT TO STATE | ||
OR PRIVATE EMPLOYER. An employee may bring suit in district court | ||
against the state or local government under the federal Uniformed | ||
Services Employment and Reemployment Rights Act to enforce their | ||
rights and benefits under that act. | ||
SECTION 2. Subchapter B, Chapter 613, Government Code, is | ||
amended by adding Section 613.025 to read as follows: | ||
Sec. 613.025. REMEDIES. In any action under this section, | ||
the court may award relief as follows: | ||
(1) The court may require the employer to comply with | ||
the provisions of this chapter. | ||
(2) The court may require the employer to compensate | ||
the person for any loss of wages or benefits suffered by reason of | ||
such employer's failure to comply with the provisions of this | ||
chapter. | ||
(3) The court may require the employer to pay the | ||
person an amount equal to the amount referred to in subparagraph (2) | ||
as liquidated damages, if the court determines that the employer's | ||
failure to comply with the provisions of this chapter was willful. | ||
Sec. 613.026. SOVEREIGN IMMUNITY WAIVED. Sovereign | ||
immunity to suit is waived and abolished to the extent of liability | ||
created by this chapter or under the federal Uniformed Services | ||
Employment and Reemployment Rights Act. A person may sue the state | ||
or a local governmental entity for damages allowed by this chapter | ||
or under the federal Uniformed Services Employment and Reemployment | ||
Rights Act. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2021. |