SRC-BWC S.B. 1140 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1140
77R974 BDH-DBy: Carona
Veteran Affairs & Military Installations
3/12/2001
As Filed


DIGEST AND PURPOSE 

Under federal law, any person whose absence from his or her permanent
position of employment is necessitated by reason of service in the
uniformed services is entitled to reemployment rights and benefits at the
same position upon his or her return from service.  The purpose of this law
is to expand and clarify the right of an employee returning from uniformed
service to the employee benefits offered by the veteran's employer as well
as the right to reemployment and any retraining needed to requalify for the
position for which the law makes the veteran eligible. Texas law also
contains a reemployment provision; however, it makes no mention of whether
the employee or the employer has the burden of proving that the employee
was wrongfully rejected for reemployment.  As proposed, S.B. 1140 amends
the Government Code to provide that an employer who does not reemploy a
permanent employee called for duty in the state military forces, because of
a change in the employer's circumstances, has the burden of proving the
impossibility or unreasonableness of reemploying the employee under the
employer's changed circumstances. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 431.006, Government Code, to provide that the
private employer of a member of the state military forces has the burden of
proving the impossibility or unreasonableness of reemploying the employee
under the employer's changed circumstances.  Prohibits an employer from
delaying or attempting to defeat a reemployment obligation under this
section by demanding documentation that does not exist or is not readily
available at the time notice is given under this section.  

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  upon passage or September 1, 2001.