81R9611 MCK-D By: Vaught H.B. No. 3890 A BILL TO BE ENTITLED AN ACT relating to protecting certain rights of members of the state military forces. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 431, Government Code, is amended by adding Section 431.0061 to read as follows: Sec. 431.0061. EMPLOYMENT DISCRIMINATION PROHIBITED. A private employer commits an unlawful employment practice for purposes of Chapter 21, Labor Code, if the employer refuses to hire a member of the state military forces on the basis of the individual's membership in the state military forces. SECTION 2. Subchapter A, Chapter 431, Government Code, is amended by adding Section 431.0171 to read as follows: Sec. 431.0171. DEFERRED DEPLOYMENT. (a) A member of the state military forces called to state active duty may defer the deployment as provided by Subsection (b) if the member of the state military forces: (1) is a single parent of a child whom the parent adopted less than one year before the date of the deployment; or (2) gave birth to a child who is less than one year old on the date of deployment. (b) A member of the state military forces may defer deployment under Subsection (a)(1) until the first anniversary of the date the adoption order was rendered. A member of the state military forces may defer deployment under Subsection (a)(2) until the day after the child's first birthday. 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, 2009.