Texas 2021 - 87th Regular

Texas Senate Bill SB484 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 484
	1	+	By: Hinojosa S.B. No. 484
	2	+	(Leach)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the right of a member of the state military forces to
6	8		retain private legal counsel and file a civil action.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Subchapter E, Chapter 437, Government Code, is
9	11		amended by adding Section 437.2131 to read as follows:
10	12		Sec. 437.2131. RIGHT TO CIVIL ACTION AND PRIVATE LEGAL
11	13		COUNSEL. (a) This section applies to a service member of the Texas
12	14		military forces who is ordered to state active duty or to state
13	15		training and other duty by the governor, the adjutant general, or
14	16		another proper authority under the law of this state and who is
15	17		entitled under Section 437.213 to the same benefits and protections
16	18		provided to persons:
17	19		(1) performing services in the uniformed services as
18	20		provided by 38 U.S.C. Sections 4301-4313 and 4316-4319; and
19	21		(2) in the military service of the United States as
20	22		provided by 50 U.S.C. Sections 3901-3959, 3991, and 4011-4026.
21	23		(b) A service member described by Subsection (a) may retain
22	24		private legal counsel and, notwithstanding Subchapter I, file a
23	25		civil action in a district court in this state if the service member
24	26		is aggrieved by a violation of or is denied a benefit or protection
25	27		guaranteed under:
26	28		(1) Section 437.204;
27	29		(2) 38 U.S.C. Sections 4301-4313 and 4316-4319; or
28	30		(3) 50 U.S.C. Sections 3901-3959, 3991, and 4011-4026.
29	31		(c) The court may award to a service member who prevails in
30	32		an action filed under this section:
31	33		(1) any appropriate declaratory or equitable relief;
32	34		(2) other appropriate relief, including monetary
33	35		damages; and
34	36		(3) costs of the action and reasonable attorney's
35	37		fees.
36	38		(d) This section does not limit any remedy or relief
37	39		available to a service member under other law, including:
38	40		(1) a remedy or relief available under Section
39	41		437.204(b) or Subchapter I; or
40	42		(2) consequential and punitive damages.
41	43		SECTION 2. Section 437.2131, Government Code, as added by
42	44		this Act, applies to a service member of the Texas military forces
43	45		ordered to state active duty or state training and other duty by the
44	46		governor, the adjutant general, or another proper authority under
45	47		the law of this state on or after the effective date of this Act,
46	48		regardless of whether the date the person was initially ordered to
47	49		state active duty or state training and other duty was before the
48	50		effective date of this Act.
49	51		SECTION 3. This Act takes effect September 1, 2021.
50		-	______________________________ ______________________________
51		-	President of the Senate Speaker of the House
52		-	I hereby certify that S.B. No. 484 passed the Senate on
53		-	April 9, 2021, by the following vote: Yeas 31, Nays 0.
54		-	______________________________
55		-	Secretary of the Senate
56		-	I hereby certify that S.B. No. 484 passed the House on
57		-	May 25, 2021, by the following vote: Yeas 148, Nays 0, one present
58		-	not voting.
59		-	______________________________
60		-	Chief Clerk of the House
61		-	Approved:
62		-	______________________________
63		-	Date
64		-	______________________________
65		-	Governor