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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of a member of the state military forces to |
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retain private legal counsel and file a civil action. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 437, Government Code, is |
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amended by adding Section 437.2131 to read as follows: |
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Sec. 437.2131. RIGHT TO CIVIL ACTION AND PRIVATE LEGAL |
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COUNSEL. (a) This section applies to a service member of the Texas |
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military forces who is ordered to state active duty or to state |
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training and other duty by the governor, the adjutant general, or |
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another proper authority under the law of this state and who is |
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entitled under Section 437.213 to the same benefits and protections |
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provided to persons: |
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(1) performing services in the uniformed services as |
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provided by 38 U.S.C. Sections 4301-4313 and 4316-4319; and |
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(2) in the military service of the United States as |
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provided by 50 U.S.C. Sections 3901-3959, 3991, and 4011-4026. |
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(b) A service member described by Subsection (a) may retain |
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private legal counsel and, notwithstanding Subchapter I, file a |
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civil action in a district court in this state if the service member |
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is aggrieved by a violation of or is denied a benefit or protection |
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guaranteed under: |
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(1) Section 437.204; |
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(2) 38 U.S.C. Sections 4301-4313 and 4316-4319; or |
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(3) 50 U.S.C. Sections 3901-3959, 3991, and |
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4011-4026. |
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(c) The court may award to a service member who prevails in |
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an action filed under this section: |
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(1) any appropriate declaratory or equitable relief; |
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(2) other appropriate relief, including monetary |
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damages; and |
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(3) costs of the action and reasonable attorney's |
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fees. |
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(d) This section does not limit any remedy or relief |
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available to a service member under other law, including: |
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(1) a remedy or relief available under Section |
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437.204(b) or Subchapter I; or |
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(2) consequential and punitive damages. |
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SECTION 2. Section 437.2131, Government Code, as added by |
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this Act, applies to a service member of the Texas military forces |
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ordered to state active duty or state training and other duty by the |
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governor, the adjutant general, or another proper authority under |
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the law of this state on or after the effective date of this Act, |
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regardless of whether the date the person was initially ordered to |
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state active duty or state training and other duty was before the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |