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                                  * * * * *