By Carona                                             S.B. No. 1140
         77R974 BDH-D                           
                                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
 2-1     provided by Section 39, Article III, Texas Constitution.  If this
 2-2     Act does not receive the vote necessary for immediate effect, this
 2-3     Act takes effect September 1, 2001.