By: Carona, Truan S.B. No. 1140 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to reemployment of a member of the state military forces 1-3 by a private employer. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 431.006, Government Code, is amended by 1-6 amending Subsection (c) and adding Subsection (d) to read as 1-7 follows: 1-8 (c) It is a defense to an action under this section that the 1-9 employer's circumstances changed while the employee was in training 1-10 or on duty to an extent that makes reemployment impossible or 1-11 unreasonable. The employer has the burden of proving the 1-12 impossibility or unreasonableness of reemploying the employee under 1-13 the employer's changed circumstances. 1-14 (d) An employer may not delay or attempt to defeat a 1-15 reemployment obligation under this section by demanding 1-16 documentation that does not exist or is not readily available at 1-17 the time notice is given under Subsection (a). 1-18 SECTION 2. The change in law made by this Act applies to all 1-19 litigation instituted on or after the effective date of this Act. 1-20 Any litigation instituted before the effective date of this Act is 1-21 covered by the law in effect when the litigation was instituted, 1-22 and the former law is continued in effect for that purpose. 1-23 SECTION 3. This Act takes effect immediately if it receives 1-24 a vote of two-thirds of all the members elected to each house, as 1-25 provided by Section 39, Article III, Texas Constitution. If this 2-1 Act does not receive the vote necessary for immediate effect, this 2-2 Act takes effect September 1, 2001.