Texas House Bill HB4390

Texas 2021 - 87th Regular

Caption

Relating to waiving sovereign immunity in a suit concerning reemployment protections for certain members of the military.

Impact

The passage of HB4390 would fundamentally alter the landscape of state employment law, specifically in terms of how it intersects with federal military employment rights. The waiver of sovereign immunity means that military members could potentially pursue claims that were previously unavailable against the state government, thereby enhancing their legal standing and rights in employment disputes post-service. This could empower many service members who have experienced job discrimination upon returning from duty, providing them with a clearer pathway to seek recourse.

Summary

House Bill 4390 seeks to address the legal protections available for certain members of the military in cases related to reemployment. This bill proposes the waiver of sovereign immunity, allowing individuals to sue the state or local governmental entities concerning reemployment rights as stipulated under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA). By doing so, it opens the door for military personnel to seek damages against state entities if they believe their reemployment rights have been violated.

Contention

While proponents of HB4390 argue that this legislation is necessary to ensure fair treatment of military members returning to civilian jobs, there may be concerns raised regarding the implications of waiving sovereign immunity. Critics might argue that this could lead to an influx of lawsuits against the state, imposing a burden on public resources and possibly leading to inconsistent applications of employment law pertaining to military personnel. The debate surrounding this bill may thus center on balancing the rights of service members against the interests and financial implications for state government entities.