Texas 2019 - 86th Regular

Texas House Bill HB714 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 714
	1	+	By: Lucio III, Lopez (Senate Sponsor - Rodríguez) H.B. No. 714
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 7, 2019, read first time and referred to Committee on Veteran
	4	+	Affairs & Border Security; May 17, 2019, reported favorably by the
	5	+	following vote: Yeas 6, Nays 0; May 17, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to a reemployment program available to certain veterans
6	12		placed on community supervision for a misdemeanor offense.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Chapter 42A, Code of Criminal Procedure, is
9	15		amended by adding Subchapter H-1 to read as follows:
10	16		SUBCHAPTER H-1. VETERANS REEMPLOYMENT PROGRAM
11	17		Art. 42A.381. VETERANS REEMPLOYMENT PROGRAM. In this
12	18		subchapter, "veterans reemployment program" means a program that
13	19		provides education and training to veterans with the goal that the
14	20		veterans obtain workforce skills and become gainfully employed.
15	21		Art. 42A.382. ELIGIBILITY. (a) A defendant placed on
16	22		community supervision, including deferred adjudication community
17	23		supervision, for a misdemeanor offense is eligible to participate
18	24		in a veterans reemployment program under this subchapter if the
19	25		defendant is a veteran of the United States armed forces, including
20	26		a member of the reserves, national guard, or state guard.
21	27		(b) The judge granting community supervision to a defendant
22	28		described by Subsection (a) shall inform the defendant of the
23	29		defendant's eligibility for participation in a veterans
24	30		reemployment program but may not require the defendant to
25	31		participate in the program.
26	32		(c) A judge may impose any condition of community
27	33		supervision that the judge is authorized to impose under this
28	34		chapter on a defendant who chooses to participate in the program
29	35		under this subchapter, except that the judge may not impose a
30	36		condition related to the program or the defendant's participation
31	37		in the program.
32	38		Art. 42A.383. EDUCATION AND TRAINING COURSES. (a) The
33	39		program shall provide program participants with access to workforce
34	40		development education and training courses developed or approved by
35	41		the Texas Workforce Commission under Chapter 316, Labor Code.
36	42		(b) The education and training courses under this article
37	43		must focus on providing a participant with useful workplace skills
38	44		most likely to lead to gainful employment by the participant.
39	45		(c) The education and training courses may be
40	46		individualized based on any physical or intellectual limitations of
41	47		the participant.
42	48		Art. 42A.384. COMPLETION OF PROGRAM. A participant
43	49		successfully completes the veterans reemployment program if the
44	50		participant diligently attends and successfully completes the
45	51		education and training courses under Article 42A.383 and:
46	52		(1) obtains employment and retains that employment for
47	53		a continuous period of three months;
48	54		(2) diligently searches for employment for a
49	55		continuous period of six months; or
50	56		(3) is determined by the court to be unemployable
51	57		because of a disability.
52	58		Art. 42A.385. EXTENDED PERIOD ALLOWED FOR COMPLETION OF
53	59		PROGRAM. A defendant is not required to successfully complete a
54	60		program under this subchapter before the defendant completes the
55	61		applicable period of community supervision. The defendant may
56	62		continue to participate in a program following the defendant's
57	63		completion of that period.
58	64		Art. 42A.386. FAILURE TO COMPLETE PROGRAM. The judge may
59	65		not revoke the community supervision of a defendant solely because
60	66		the defendant fails to successfully complete a program under this
61	67		subchapter.
62	68		SECTION 2. Subchapter E-1, Chapter 411, Government Code, is
63	69		amended by adding Section 411.0729 to read as follows:
64	70		Sec. 411.0729. PROCEDURE FOR CERTAIN VETERANS PLACED ON
65	71		COMMUNITY SUPERVISION. (a) On successful completion of the
66	72		veterans reemployment program under Subchapter H-1, Chapter 42A,
67	73		Code of Criminal Procedure, and all other conditions of the
68	74		defendant's community supervision, including deferred adjudication
69	75		community supervision, after notice to the state and a hearing on
70	76		whether issuance of an order of nondisclosure is in the best
71	77		interest of justice, the court shall enter an order of
72	78		nondisclosure with respect to all records of the offense for which
73	79		the defendant was placed on community supervision.
74	80		(b) Subsection (a) applies regardless of whether the
75	81		defendant meets the other eligibility criteria under this
76	82		subchapter.
77	83		SECTION 3. Subtitle B, Title 4, Labor Code, is amended by
78	84		adding Chapter 316 to read as follows:
79	85		CHAPTER 316. VETERANS REEMPLOYMENT EDUCATION AND TRAINING COURSES
80	86		Sec. 316.001. EDUCATION AND TRAINING COURSES. (a) The
81	87		commission shall develop or approve education and training courses
82	88		for the veterans reemployment program under Subchapter H-1, Chapter
83	89		42A, Code of Criminal Procedure, to assist eligible veterans in
84	90		obtaining workforce skills and becoming gainfully employed.
85	91		(b) The education and training courses must provide
86	92		instruction in workforce skills appropriate for veterans with
87	93		disabilities.
88	94		SECTION 4. Not later than January 1, 2020, the Texas
89	95		Workforce Commission shall develop or approve education and
90	96		training courses as required under Chapter 316, Labor Code, as
91	97		added by this Act.
92	98		SECTION 5. Subchapter H-1, Chapter 42A, Code of Criminal
93	99		Procedure, as added by this Act, applies only to a person placed on
94	100		community supervision, including deferred adjudication community
95	101		supervision, on or after January 1, 2020.
96	102		SECTION 6. This Act takes effect immediately if it receives
97	103		a vote of two-thirds of all the members elected to each house, as
98	104		provided by Section 39, Article III, Texas Constitution. If this
99	105		Act does not receive the vote necessary for immediate effect, this
100	106		Act takes effect September 1, 2019.
101		-	______________________________ ______________________________
102		-	President of the Senate Speaker of the House
103		-	I certify that H.B. No. 714 was passed by the House on May 3,
104		-	2019, by the following vote: Yeas 140, Nays 0, 2 present, not
105		-	voting.
106		-	______________________________
107		-	Chief Clerk of the House
108		-	I certify that H.B. No. 714 was passed by the Senate on May
109		-	19, 2019, by the following vote: Yeas 31, Nays 0.
110		-	______________________________
111		-	Secretary of the Senate
112		-	APPROVED: _____________________
113		-	Date
114		-	_____________________
115		-	Governor
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