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A BILL TO BE ENTITLED
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AN ACT
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relating to reemployment protections for certain members of the |
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military. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 613, Government Code, is |
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amended by adding Section 613.024 to read as follows: |
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Sec. 613.024. ENFORCEMENT OF RIGHTS WITH RESPECT TO STATE |
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OR PRIVATE EMPLOYER. An employee may bring suit in district court |
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against the state or local government under the federal Uniformed |
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Services Employment and Reemployment Rights Act to enforce their |
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rights and benefits under that act. |
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SECTION 2. Subchapter B, Chapter 613, Government Code, is |
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amended by adding Section 613.025 to read as follows: |
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Sec. 613.025. REMEDIES. In any action under this section, |
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the court may award relief as follows: |
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(1) The court may require the employer to comply with |
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the provisions of this chapter. |
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(2) The court may require the employer to compensate |
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the person for any loss of wages or benefits suffered by reason of |
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such employer's failure to comply with the provisions of this |
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chapter. |
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(3) The court may require the employer to pay the |
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person an amount equal to the amount referred to in subparagraph (2) |
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as liquidated damages, if the court determines that the employer's |
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failure to comply with the provisions of this chapter was willful. |
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Sec. 613.026. SOVEREIGN IMMUNITY WAIVED. Sovereign |
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immunity to suit is waived and abolished to the extent of liability |
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created by this chapter or under the federal Uniformed Services |
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Employment and Reemployment Rights Act. A person may sue the state |
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or a local governmental entity for damages allowed by this chapter |
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or under the federal Uniformed Services Employment and Reemployment |
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Rights Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |