Bill Text: TX HB714 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to a reemployment program available to certain veterans placed on community supervision for a misdemeanor offense.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Enrolled) 2019-05-21 - Signed in the Senate [HB714 Detail]

Download: Texas-2019-HB714-Enrolled.html
 
 
  H.B. No. 714
 
 
 
 
AN ACT
  relating to a reemployment program available to certain veterans
  placed on community supervision for a misdemeanor offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 42A, Code of Criminal Procedure, is
  amended by adding Subchapter H-1 to read as follows:
  SUBCHAPTER H-1. VETERANS REEMPLOYMENT PROGRAM
         Art. 42A.381.  VETERANS REEMPLOYMENT PROGRAM. In this
  subchapter, "veterans reemployment program" means a program that
  provides education and training to veterans with the goal that the
  veterans obtain workforce skills and become gainfully employed.
         Art. 42A.382.  ELIGIBILITY. (a)  A defendant placed on
  community supervision, including deferred adjudication community
  supervision, for a misdemeanor offense is eligible to participate
  in a veterans reemployment program under this subchapter if the
  defendant is a veteran of the United States armed forces, including
  a member of the reserves, national guard, or state guard.
         (b)  The judge granting community supervision to a defendant
  described by Subsection (a) shall inform the defendant of the
  defendant's eligibility for participation in a veterans
  reemployment program but may not require the defendant to
  participate in the program.
         (c)  A judge may impose any condition of community
  supervision that the judge is authorized to impose under this
  chapter on a defendant who chooses to participate in the program
  under this subchapter, except that the judge may not impose a
  condition related to the program or the defendant's participation
  in the program.
         Art. 42A.383.  EDUCATION AND TRAINING COURSES. (a)  The
  program shall provide program participants with access to workforce
  development education and training courses developed or approved by
  the Texas Workforce Commission under Chapter 316, Labor Code.
         (b)  The education and training courses under this article
  must focus on providing a participant with useful workplace skills
  most likely to lead to gainful employment by the participant.
         (c)  The education and training courses may be
  individualized based on any physical or intellectual limitations of
  the participant.
         Art. 42A.384.  COMPLETION OF PROGRAM. A participant
  successfully completes the veterans reemployment program if the
  participant diligently attends and successfully completes the
  education and training courses under Article 42A.383 and:
               (1)  obtains employment and retains that employment for
  a continuous period of three months;
               (2)  diligently searches for employment for a
  continuous period of six months; or
               (3)  is determined by the court to be unemployable
  because of a disability.
         Art. 42A.385.  EXTENDED PERIOD ALLOWED FOR COMPLETION OF
  PROGRAM. A defendant is not required to successfully complete a
  program under this subchapter before the defendant completes the
  applicable period of community supervision. The defendant may
  continue to participate in a program following the defendant's
  completion of that period.
         Art. 42A.386.  FAILURE TO COMPLETE PROGRAM. The judge may
  not revoke the community supervision of a defendant solely because
  the defendant fails to successfully complete a program under this
  subchapter.
         SECTION 2.  Subchapter E-1, Chapter 411, Government Code, is
  amended by adding Section 411.0729 to read as follows:
         Sec. 411.0729.  PROCEDURE FOR CERTAIN VETERANS PLACED ON
  COMMUNITY SUPERVISION. (a)  On successful completion of the
  veterans reemployment program under Subchapter H-1, Chapter 42A,
  Code of Criminal Procedure, and all other conditions of the
  defendant's community supervision, including deferred adjudication
  community supervision, after notice to the state and a hearing on
  whether issuance of an order of nondisclosure is in the best
  interest of justice, the court shall enter an order of
  nondisclosure with respect to all records of the offense for which
  the defendant was placed on community supervision.
         (b)  Subsection (a) applies regardless of whether the
  defendant meets the other eligibility criteria under this
  subchapter.
         SECTION 3.  Subtitle B, Title 4, Labor Code, is amended by
  adding Chapter 316 to read as follows:
  CHAPTER 316. VETERANS REEMPLOYMENT EDUCATION AND TRAINING COURSES
         Sec. 316.001.  EDUCATION AND TRAINING COURSES. (a)  The
  commission shall develop or approve education and training courses
  for the veterans reemployment program under Subchapter H-1, Chapter
  42A, Code of Criminal Procedure, to assist eligible veterans in
  obtaining workforce skills and becoming gainfully employed.
         (b)  The education and training courses must provide
  instruction in workforce skills appropriate for veterans with
  disabilities.
         SECTION 4.  Not later than January 1, 2020, the Texas
  Workforce Commission shall develop or approve education and
  training courses as required under Chapter 316, Labor Code, as
  added by this Act.
         SECTION 5.  Subchapter H-1, Chapter 42A, Code of Criminal
  Procedure, as added by this Act, applies only to a person placed on
  community supervision, including deferred adjudication community
  supervision, on or after January 1, 2020.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 714 was passed by the House on May 3,
  2019, by the following vote:  Yeas 140, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 714 was passed by the Senate on May
  19, 2019, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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