By: Herrero H.B. No. 4388
A BILL TO BE ENTITLED
AN ACT
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.