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A BILL TO BE ENTITLED
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AN ACT
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relating to the reemployment of certain persons called to training |
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or duty in the state military forces. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 431.006(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) A person injured by a violation of this section is |
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entitled to: |
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(1) damages in an amount not exceeding 24 [six] months' |
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compensation at the rate at which the person was compensated when |
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ordered to training or duty; [and] |
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(2) reasonable attorney's fees approved by the court; |
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and |
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(3) exemplary or punitive damages. |
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(c) It is a defense to an action under this section that the |
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employer's circumstances changed while the employee was in training |
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or on duty to an extent that makes reemployment impossible or |
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unreasonable. The employer has the burden of proving by clear and |
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convincing evidence the impossibility or unreasonableness of |
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reemploying the employee under the employer's changed |
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circumstances. |
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SECTION 2. The changes in law made by this Act apply to a |
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suit filed under Section 431.006, Government Code, on or after the |
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effective date of this Act. A suit filed before the effective date |
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of this Act is governed by the law in effect on the date the suit was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |