Bill Text: TX SB484 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the right of a member of the state military forces to retain private legal counsel and file a civil action.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [SB484 Detail]
Download: Texas-2021-SB484-Enrolled.html
S.B. No. 484 |
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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 |