| 1 | 1 | | By: Herrero H.B. No. 4388 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to reemployment protections for certain members of the |
|---|
| 7 | 7 | | military. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Subchapter B, Chapter 613, Government Code, is |
|---|
| 10 | 10 | | amended by adding Section 613.024 to read as follows: |
|---|
| 11 | 11 | | Sec. 613.024. ENFORCEMENT OF RIGHTS WITH RESPECT TO STATE |
|---|
| 12 | 12 | | OR PRIVATE EMPLOYER. An employee may bring suit in district court |
|---|
| 13 | 13 | | against the state or local government under the federal Uniformed |
|---|
| 14 | 14 | | Services Employment and Reemployment Rights Act to enforce their |
|---|
| 15 | 15 | | rights and benefits under that act. |
|---|
| 16 | 16 | | SECTION 2. Subchapter B, Chapter 613, Government Code, is |
|---|
| 17 | 17 | | amended by adding Section 613.025 to read as follows: |
|---|
| 18 | 18 | | Sec. 613.025. REMEDIES. In any action under this section, |
|---|
| 19 | 19 | | the court may award relief as follows: |
|---|
| 20 | 20 | | (1) The court may require the employer to comply with |
|---|
| 21 | 21 | | the provisions of this chapter. |
|---|
| 22 | 22 | | (2) The court may require the employer to compensate |
|---|
| 23 | 23 | | the person for any loss of wages or benefits suffered by reason of |
|---|
| 24 | 24 | | such employer's failure to comply with the provisions of this |
|---|
| 25 | 25 | | chapter. |
|---|
| 26 | 26 | | (3) The court may require the employer to pay the |
|---|
| 27 | 27 | | person an amount equal to the amount referred to in subparagraph (2) |
|---|
| 28 | 28 | | as liquidated damages, if the court determines that the employer's |
|---|
| 29 | 29 | | failure to comply with the provisions of this chapter was willful. |
|---|
| 30 | 30 | | Sec. 613.026. SOVEREIGN IMMUNITY WAIVED. Sovereign |
|---|
| 31 | 31 | | immunity to suit is waived and abolished to the extent of liability |
|---|
| 32 | 32 | | created by this chapter or under the federal Uniformed Services |
|---|
| 33 | 33 | | Employment and Reemployment Rights Act. A person may sue the state |
|---|
| 34 | 34 | | or a local governmental entity for damages allowed by this chapter |
|---|
| 35 | 35 | | or under the federal Uniformed Services Employment and Reemployment |
|---|
| 36 | 36 | | Rights Act. |
|---|
| 37 | 37 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 41 | 41 | | Act takes effect September 1, 2021. |
|---|