1-1 By: Carona, Truan S.B. No. 1140 1-2 (In the Senate - Filed March 6, 2001; March 7, 2001, read 1-3 first time and referred to Committee on Veteran Affairs and 1-4 Military Installations; March 15, 2001, reported favorably by the 1-5 following vote: Yeas 3, Nays 0; March 15, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to reemployment of a member of the state military forces 1-9 by a private employer. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Section 431.006, Government Code, is amended by 1-12 amending Subsection (c) and adding Subsection (d) to read as 1-13 follows: 1-14 (c) It is a defense to an action under this section that the 1-15 employer's circumstances changed while the employee was in training 1-16 or on duty to an extent that makes reemployment impossible or 1-17 unreasonable. The employer has the burden of proving the 1-18 impossibility or unreasonableness of reemploying the employee under 1-19 the employer's changed circumstances. 1-20 (d) An employer may not delay or attempt to defeat a 1-21 reemployment obligation under this section by demanding 1-22 documentation that does not exist or is not readily available at 1-23 the time notice is given under Subsection (a). 1-24 SECTION 2. The change in law made by this Act applies to all 1-25 litigation instituted on or after the effective date of this Act. 1-26 Any litigation instituted before the effective date of this Act is 1-27 covered by the law in effect when the litigation was instituted, 1-28 and the former law is continued in effect for that purpose. 1-29 SECTION 3. This Act takes effect immediately if it receives 1-30 a vote of two-thirds of all the members elected to each house, as 1-31 provided by Section 39, Article III, Texas Constitution. If this 1-32 Act does not receive the vote necessary for immediate effect, this 1-33 Act takes effect September 1, 2001. 1-34 * * * * *