Tex. Gov't Code Section 437.402
Filing of Complaint; Form and Content; Service


(a)

A person claiming to be aggrieved by an unlawful employment practice under Section 437.204 (Reemployment of Service Member Called to Training or Duty) or the person’s agent may file a complaint with the commission.

(b)

The complaint must be in writing and made under oath.

(c)

The complaint must state:

(1)

that an unlawful employment practice under Section 437.204 (Reemployment of Service Member Called to Training or Duty) has been committed;

(2)

the facts on which the complaint is based, including the date, place, and circumstances of the alleged unlawful employment practice; and

(3)

facts sufficient to enable the commission to identify the respondent.

(d)

The commission shall serve the respondent with a copy of the perfected complaint not later than the 10th day after the date the complaint is filed.

(e)

A complaint may be amended to cure technical defects or omissions, including a failure to verify the complaint or to clarify and amplify an allegation made in the complaint.

(f)

An amendment to a complaint alleging additional facts that constitute an unlawful employment practice under Section 437.204 (Reemployment of Service Member Called to Training or Duty) relating to or arising from the subject matter of the original complaint relates back to the date the complaint was first received by the commission.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.
Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 (State Militia) by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.

Source: Section 437.402 — Filing of Complaint; Form and Content; Service, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­437.­htm#437.­402 (accessed Jun. 5, 2024).

437.001
Definitions
437.002
Commander-in-chief
437.003
Governor’s Military Appointments
437.004
Regulating Texas Military Forces
437.005
Authority for State Active Duty, State Training, and Other Duty
437.006
Officers
437.007
Enlistment and Appointment
437.008
Military Facilities Projects: Matching Federal Funds
437.0011
Reference in Other Law
437.051
Sunset Provision
437.052
Adjutant General: Jurisdiction, Division of Responsibilities, and Qualifications
437.053
Adjutant General: Duties
437.054
Adjutant General: General Powers
437.055
Seal
437.056
Mandatory Training for Adjutant General
437.057
Deputy Adjutants General
437.058
General Officers
437.059
Adjutant General Appointments
437.060
Conflict of Interest Provisions
437.061
Removal Provisions for Adjutant General
437.062
Salaries
437.063
Adjutant General: Delegation of Expenditure Approval Authority
437.101
Director of State Administration
437.102
Department Personnel
437.103
State Guard Administrative Personnel
437.104
Career Ladder Program
437.105
Authority to Make Differential Payments
437.106
Historical Preservation of Records and Property
437.107
Reports
437.108
Technology Policy
437.109
Exemption from Certain State Activities
437.110
Post Exchanges on State Military Property
437.111
Donations
437.112
Information of Interest
437.113
Alternative Dispute Resolution Procedures
437.114
Supplies
437.115
Bids
437.116
Program Accessibility
437.117
Texas Challenge Academy
437.118
Maintenance and Operation of Military Housing
437.119
Use of Funds to Purchase Food and Beverages
437.151
Real Property Advisory Council
437.152
Public Comment
437.153
Borrowing Money
437.154
Report of Military Use of Property
437.155
Acquisition
437.156
Construction
437.157
Lease of Property
437.158
Transfer to State
437.159
Property Financed by Bonds
437.160
Donation of Property
437.161
Tax Status of Property
437.162
Facility Accessibility
437.163
Disposal of Certain Surplus Real Property
437.201
Certification of Military Units
437.202
Leave of Absence for Public Officers and Employees
437.203
Dual Office Holding
437.204
Reemployment of Service Member Called to Training or Duty
437.205
Oath
437.206
Commissions
437.207
Military Unit as Corporate Body
437.208
Organization Prohibited
437.209
Foreign Troops
437.210
Interference with Texas Military Forces
437.211
Management of Unit Funds
437.212
Pay, Benefits and Requirements for State Active Duty, State Training, and Other Duty
437.213
Certain Benefits and Protections for State Service
437.214
Military Funerals and Honors
437.215
Grave Markers for State Military Personnel
437.216
Service Referral Program
437.217
Exemption from Fees for Deployed Military Personnel
437.218
Tax Exemption
437.219
Compensation
437.220
Supplemental Duty Pay for Economic Hardship
437.221
Other Duty and Community Service Missions
437.222
Liability of Service Member
437.223
Exemption from Arrest
437.224
Voting
437.225
Discharge
437.226
Assistance for Tuition and Fees
437.227
Compensation for Death or Injury
437.228
Issuance and Use of Uniform and Other Military Property
437.229
Uniform
437.230
Exemption from Levy and Sale
437.231
Seizure
437.232
Confidentiality of Military Personnel Information
437.251
Composition
437.252
Local Governmental Assistance
437.253
Property Forfeiture
437.254
Employees in Texas Military Forces
437.255
Assisting Texas State Guard with Cyber Operations
437.301
Commander
437.302
Composition
437.303
Governor’s Authority
437.304
Assistance
437.305
Employees in State Guard
437.306
Use Outside State
437.307
Federal Service
437.308
Records
437.309
Texas State Guard Honorary Reserve
437.310
Texas State Guard Uniform and Insignia Fund
437.351
Texas Legislative Medal of Honor
437.352
Lone Star Medal of Valor
437.353
Recommendations
437.354
Awarding
437.355
Other Awards
437.356
Posthumous Awards
437.357
Design
437.401
Definitions
437.402
Filing of Complaint
437.403
Alternative Dispute Resolution
437.404
Investigation by Commission
437.405
Lack of Reasonable Cause
437.406
Determination of Reasonable Cause
437.407
Resolution by Informal Methods
437.408
Notice of Dismissal or Unresolved Complaint
437.409
Temporary Injunctive Relief
437.410
Civil Action by Commission
437.411
Notice of Complainant’s Right to File Civil Action
437.412
Civil Action by Complainant
437.413
Commission’s Intervention in Civil Action by Complainant
437.414
Assignment to Early Hearing
437.415
Injunction
437.416
Compensatory and Punitive Damages
437.417
Attorney’s Fees
437.418
Compelled Compliance
437.419
Trial De Novo
437.0531
Equal Employment Opportunity Policy Statement
437.2121
Extended State Active Duty Service for Administrative Support
437.2131
Right to Civil Action and Private Legal Counsel
437.2235
Public Duty Justification

Accessed:
Jun. 5, 2024

§ 437.402’s source at texas​.gov