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