Bill Text: TX SB484 | 2021-2022 | 87th Legislature | Enrolled

Texas Senate Bill 484 (Prior Session Legislation)

Bill Title: Relating to the right of a member of the state military forces to retain private legal counsel and file a civil action.

Sponsorship: Bipartisan Bill

Status: (Passed) 2021-06-16 - Effective on 9/1/21 [SB484 Detail]

Download: Texas-2021-SB484-Enrolled.html



	S.B. No. 484




	AN ACT
	relating to the right of a member of the state military forces to
	retain private legal counsel and file a civil action.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter E, Chapter 437, Government Code, is
	amended by adding Section 437.2131 to read as follows:
	Sec. 437.2131. RIGHT TO CIVIL ACTION AND PRIVATE LEGAL
	COUNSEL. (a) This section applies to a service member of the Texas
	military forces who is ordered to state active duty or to state
	training and other duty by the governor, the adjutant general, or
	another proper authority under the law of this state and who is
	entitled under Section 437.213 to the same benefits and protections
	provided to persons:
	(1) performing services in the uniformed services as
	provided by 38 U.S.C. Sections 4301-4313 and 4316-4319; and
	(2) in the military service of the United States as
	provided by 50 U.S.C. Sections 3901-3959, 3991, and 4011-4026.
	(b) A service member described by Subsection (a) may retain
	private legal counsel and, notwithstanding Subchapter I, file a
	civil action in a district court in this state if the service member
	is aggrieved by a violation of or is denied a benefit or protection
	guaranteed under:
	(1) Section 437.204;
	(2) 38 U.S.C. Sections 4301-4313 and 4316-4319; or
	(3) 50 U.S.C. Sections 3901-3959, 3991, and 4011-4026.
	(c) The court may award to a service member who prevails in
	an action filed under this section:
	(1) any appropriate declaratory or equitable relief;
	(2) other appropriate relief, including monetary
	damages; and
	(3) costs of the action and reasonable attorney's
	fees.
	(d) This section does not limit any remedy or relief
	available to a service member under other law, including:
	(1) a remedy or relief available under Section
	437.204(b) or Subchapter I; or
	(2) consequential and punitive damages.
	SECTION 2. Section 437.2131, Government Code, as added by
	this Act, applies to a service member of the Texas military forces
	ordered to state active duty or state training and other duty by the
	governor, the adjutant general, or another proper authority under
	the law of this state on or after the effective date of this Act,
	regardless of whether the date the person was initially ordered to
	state active duty or state training and other duty was before the
	effective date of this Act.
	SECTION 3. This Act takes effect September 1, 2021.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 484 passed the Senate on
	April 9, 2021, by the following vote: Yeas 31, Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 484 passed the House on
	May 25, 2021, by the following vote: Yeas 148, Nays 0, one present
	not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor