(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 § 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) § 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.

Terms Used In Texas Government Code 437.2131

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005

(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 § 437.204(b) or Subchapter I; or
(2) consequential and punitive damages.

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