§ 437.2131 — RIGHT TO CIVIL ACTION AND PRIVATE LEGAL COUNSEL.

Texas § 437.2131

• Jurisdiction: Texas
• Code GV: Government Code

Text

Sec. 437.2131. RIGHT TO CIVIL ACTION AND PRIVATE LEGAL COUNSEL. (a) This section applies to a service member of the Texas military forces who is ordered to state active duty or to state training and other duty by the governor, the adjutant general, or another proper authority under the law of this state and who is entitled under Section 437.213 to the same benefits and protections provided to persons:
(1) performing services in the uniformed services as provided by 38 U.S.C. Sections 4301-4313 and 4316-4319; and
(2) in the military service of the United States as provided by 50 U.S.C. Sections 3901-3959, 3991, and 4011-4026.
(b) A service member described by Subsection (a) may retain private legal counsel and, notwithstanding Subchapter I, file a civil action in a district court in this state if the service member is aggrieved by a violation of or is denied a benefit or protection guaranteed under:
(1) Section 437.204 ;
(2) 38 U.S.C. Sections 4301-4313 and 4316-4319; or
(3) 50 U.S.C. Sections 3901-3959, 3991, and 4011-4026.
(c) The court may award to a service member who prevails in an action filed under this section:
(1) any appropriate declaratory or equitable relief;
(2) other appropriate relief, including monetary damages; and
(3) costs of the action and reasonable attorney's fees.
(d) This section does not limit any remedy or relief available to a service member under other law, including:
(1) a remedy or relief available under Section 437.204 (b) or Subchapter I; or
(2) consequential and punitive damages.

Legislative History

Added by Acts 2021, 87th Leg., R.S., Ch. 844 (S.B. 484 ), Sec. 1, eff. September 1, 2021.