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A BILL TO BE ENTITLED
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AN ACT
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relating to the reemployment of a Civil Air Patrol member after |
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training or duty with the Civil Air Patrol. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 418, Government Code, is |
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amended by adding Section 418.193 to read as follows: |
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Sec. 418.193. REEMPLOYMENT OF CIVIL AIR PATROL MEMBER AFTER |
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TRAINING OR DUTY; DAMAGES. (a) In this section, "employee" and |
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"employer" have the meanings assigned by Section 21.002, Labor |
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Code. |
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(b) An employer may not terminate the employment of an |
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employee who is a member of the United States Air Force Auxiliary |
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Civil Air Patrol because the employee is ordered to training or duty |
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by official order of the Civil Air Patrol. The employee is entitled |
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to return to the same employment held when ordered to training or |
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duty and may not be subjected to loss of any benefit of employment |
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during or because of the absence. The employee, as soon as |
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practicable after release from training or duty, must give written |
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or actual notice of intent to return to employment. |
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(c) A person who is injured because of a violation of |
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Subsection (b) is entitled to: |
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(1) reinstatement to the person's former position or |
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reinstatement of any employment benefit, as applicable; |
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(2) damages in an amount equal to three months' |
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compensation at the rate at which the person was compensated when |
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ordered to Civil Air Patrol training or duty; and |
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(3) reasonable attorney's fees in an amount approved |
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by the court. |
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(d) An action for damages brought by a person under |
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Subsection (c) must be brought not later than the second |
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anniversary of the date on which the person was released from Civil |
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Air Patrol training or duty. |
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SECTION 2. The change in law made by this Act applies only |
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to training or duty with the Civil Air Patrol that begins on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |