HBA-JEK S.B. 1140 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1140
By: Carona
State, Federal & International Relations
4/16/2001
Engrossed



BACKGROUND AND PURPOSE 

Current law prohibits a private employer from terminating the employment of
a permanent employee who is a member of the state military forces  because
the employee is ordered to authorized military training or duty.  The law
provides that it is a defense to action that an employer's circumstances
changed while the employee was in training or on duty to the extent that
reemployment becomes impossible or unreasonable. However, the law does not
address the question of who has the burden of proving that an employee was
wrongfully rejected for employment, which can cause confusion in court.
Senate Bill 1140 provides that an employer has the burden of proving the
impossibility or unreasonableness of reemploying the employee under the
employer's changed circumstances.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 1140 amends the Government Code to provide that an employer who
does not reemploy a permanent employee who returns from ordered military
training or duty has the burden of proving the impossibility or
unreasonableness of reemploying the employee under the employer's changed
circumstances.  The bill prohibits an employer from delaying or attempting
to defeat a reemployment obligation by demanding documentation that does
not exist or is not readily available. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.