CHAPTER 613. REEMPLOYMENT FOLLOWING MILITARY SERVICE - Texas Statutes

GOVERNMENT CODE

TITLE 6. PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE A. PROVISIONS GENERALLY APPLICABLE TO PUBLIC OFFICERS

AND EMPLOYEES

CHAPTER 613. REEMPLOYMENT FOLLOWING MILITARY SERVICE

SUBCHAPTER A. REEMPLOYMENT

Sec. 613.001. DEFINITIONS. In this subchapter:

(1) "Local governmental entity" means a county, municipality, or

other political subdivision of this state.

(2) "Military service" means service as a member of:

(A) the Armed Forces of the United States;

(B) the Texas National Guard;

(C) the Texas State Guard; or

(D) a reserve component of the Armed Forces of the United

States.

(3) "Public employee" means an employee of the state, a state

institution, or a local governmental entity. The term does not

include a temporary employee, an elected official, or an

individual serving under an appointment that requires

confirmation by the senate.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 613.002. REEMPLOYMENT TO SAME POSITION FOLLOWING MILITARY

SERVICE. (a) A public employee who leaves a state position or a

position with a local governmental entity to enter active

military service is entitled to be reemployed:

(1) by the state or the local governmental entity;

(2) in the same department, office, commission, or board of this

state, a state institution, or local governmental entity in which

the employee was employed at the time of the employee's induction

or enlistment in, or order to, active military service; and

(3) in:

(A) the same position held at the time of the induction,

enlistment, or order; or

(B) a position of similar seniority, status, and pay.

(b) To be entitled to reemployment under Subsection (a), the

employee must be:

(1) discharged, separated, or released from active military

service under honorable conditions not later than the fifth

anniversary of the date of induction, enlistment, or call to

active military service; and

(2) physically and mentally qualified to perform the duties of

that position.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 613.003. REEMPLOYMENT TO ANOTHER POSITION FOLLOWING

MILITARY SERVICE. A public employee who cannot perform the

duties of a position to which the employee is otherwise entitled

under Section 613.002 because of a disability the employee

sustained during military service is entitled to be reemployed in

the department, office, commission, or board of the state, a

state institution, or a local governmental entity in a position

that the employee can perform and that has:

(1) like seniority, status, and pay as the former position; or

(2) the nearest possible seniority, status, and pay to the

former position.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 613.004. APPLICATION FOR REEMPLOYMENT. (a) A veteran

eligible for reemployment under this chapter must apply for

reemployment not later than the 90th day after the date the

veteran is discharged or released from active military service.

(b) An application for reemployment must:

(1) be made to the head of the department, office, commission,

or board of this state, the state institution, or the local

governmental entity that employed the veteran before the veteran

entered military service;

(2) be in writing; and

(3) have attached to it evidence of the veteran's discharge,

separation, or release from military service under honorable

conditions.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 613.005. DISCHARGE FOLLOWING REEMPLOYMENT. An individual

reemployed under this chapter may not be discharged from the

position without cause before the first anniversary of the date

of reemployment.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 613.006. ENTITLEMENT TO RETIREMENT OR OTHER BENEFITS. An

individual reemployed under this chapter is considered to have

been on furlough or leave of absence during the time the

individual was in military service and may participate in

retirement or other benefits to which a public employee is or may

be entitled.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

SUBCHAPTER B. ENFORCEMENT

Sec. 613.021. COMPLIANCE WITH LAW; HEARING. (a) If a public

official fails to comply with a provision of Subchapter A, a

district court in the district in which the individual is a

public official may require the public official to comply with

the provision on the filing of a motion, petition, or other

appropriate pleading by an individual entitled to a benefit under

the provision.

(b) The court shall order a speedy hearing and shall advance the

hearing on the calendar.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 613.022. DISTRICT ATTORNEY. On application to the district

attorney of the appropriate district by an individual who the

district attorney reasonably believes is entitled to the benefit

of a provision of Subchapter A, the district attorney shall:

(1) appear and act as attorney for the individual in an amicable

adjustment of the claim; or

(2) file or prosecute a motion, petition, or other appropriate

pleading to specifically require compliance with the provision.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 613.023. COURT COSTS AND FEES. A person applying for

benefits under Subchapter A may not be charged court costs or

fees for a claim, motion, petition, or other pleading filed under

Section 613.021.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.