| 1 | 1 | | 81R9611 MCK-D |
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| 2 | 2 | | By: Vaught H.B. No. 3890 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to protecting certain rights of members of the state |
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| 8 | 8 | | military forces. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 431, Government Code, is |
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| 11 | 11 | | amended by adding Section 431.0061 to read as follows: |
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| 12 | 12 | | Sec. 431.0061. EMPLOYMENT DISCRIMINATION PROHIBITED. A |
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| 13 | 13 | | private employer commits an unlawful employment practice for |
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| 14 | 14 | | purposes of Chapter 21, Labor Code, if the employer refuses to hire |
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| 15 | 15 | | a member of the state military forces on the basis of the |
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| 16 | 16 | | individual's membership in the state military forces. |
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| 17 | 17 | | SECTION 2. Subchapter A, Chapter 431, Government Code, is |
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| 18 | 18 | | amended by adding Section 431.0171 to read as follows: |
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| 19 | 19 | | Sec. 431.0171. DEFERRED DEPLOYMENT. (a) A member of the |
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| 20 | 20 | | state military forces called to state active duty may defer the |
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| 21 | 21 | | deployment as provided by Subsection (b) if the member of the state |
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| 22 | 22 | | military forces: |
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| 23 | 23 | | (1) is a single parent of a child whom the parent |
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| 24 | 24 | | adopted less than one year before the date of the deployment; or |
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| 25 | 25 | | (2) gave birth to a child who is less than one year old |
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| 26 | 26 | | on the date of deployment. |
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| 27 | 27 | | (b) A member of the state military forces may defer |
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| 28 | 28 | | deployment under Subsection (a)(1) until the first anniversary of |
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| 29 | 29 | | the date the adoption order was rendered. A member of the state |
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| 30 | 30 | | military forces may defer deployment under Subsection (a)(2) until |
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| 31 | 31 | | the day after the child's first birthday. |
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| 32 | 32 | | SECTION 3. This Act takes effect immediately if it receives |
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| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
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| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
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| 36 | 36 | | Act takes effect September 1, 2009. |
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