S.B. No. 484
AN ACT
relating to the right of a member of the state military forces to
retain private legal counsel and file a civil action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 437, Government Code, is
amended by adding Section 437.2131 to read as follows:
Sec. 437.2131. RIGHT TO CIVIL ACTION AND PRIVATE LEGAL
COUNSEL. (a) This section applies to a service member of the Texas
military forces who is ordered to state active duty or to state
training and other duty by the governor, the adjutant general, or
another proper authority under the law of this state and who is
entitled under Section 437.213 to the same benefits and protections
provided to persons:
(1) performing services in the uniformed services as
provided by 38 U.S.C. Sections 4301-4313 and 4316-4319; and
(2) in the military service of the United States as
provided by 50 U.S.C. Sections 3901-3959, 3991, and 4011-4026.
(b) A service member described by Subsection (a) may retain
private legal counsel and, notwithstanding Subchapter I, file a
civil action in a district court in this state if the service member
is aggrieved by a violation of or is denied a benefit or protection
guaranteed under:
(1) Section 437.204;
(2) 38 U.S.C. Sections 4301-4313 and 4316-4319; or
(3) 50 U.S.C. Sections 3901-3959, 3991, and 4011-4026.
(c) The court may award to a service member who prevails in
an action filed under this section:
(1) any appropriate declaratory or equitable relief;
(2) other appropriate relief, including monetary
damages; and
(3) costs of the action and reasonable attorney's
fees.
(d) This section does not limit any remedy or relief
available to a service member under other law, including:
(1) a remedy or relief available under Section
437.204(b) or Subchapter I; or
(2) consequential and punitive damages.
SECTION 2. Section 437.2131, Government Code, as added by
this Act, applies to a service member of the Texas military forces
ordered to state active duty or state training and other duty by the
governor, the adjutant general, or another proper authority under
the law of this state on or after the effective date of this Act,
regardless of whether the date the person was initially ordered to
state active duty or state training and other duty was before the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 484 passed the Senate on
April 9, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 484 passed the House on
May 25, 2021, by the following vote: Yeas 148, Nays 0, one present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor