85R19219 JSC-D
 
  By: Lucio III H.B. No. 2911
 
  Substitute the following for H.B. No. 2911:
 
  By:  Moody C.S.H.B. No. 2911
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a reemployment program as a condition of community
  supervision for certain veterans who commit 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 become gainfully employed.
         Art. 42A.382.  ELIGIBILITY. (a)  A defendant placed on
  deferred adjudication community supervision for or convicted of a
  misdemeanor offense is eligible to participate in a veterans
  reemployment program established 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 the program but may not require the
  defendant to participate in the program.
         (c)  A judge may additionally 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.
         Art. 42A.383.  EDUCATION AND TRAINING COURSES. (a) A
  participant in the program shall diligently attend workforce
  development education and training courses developed or approved by
  the Texas Workforce Commission under Chapter 316, Labor Code, as
  directed by the court.
         (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 completes the education and training courses required
  by the court and:
               (1)  obtains employment and retains that employment for
  three continuous 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.  FAILURE TO COMPLETE PROGRAM. (a) The judge
  may not revoke the community supervision of a defendant who fails to
  complete the program under this subchapter.
         (b)  If the defendant fails to complete the program under
  this subchapter, the judge may:
               (1)  modify the defendant's conditions of community
  supervision; and 
               (2)  extend the period of community supervision so that
  the defendant may comply with the conditions under Subdivision (1).
         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. On
  successful completion of the veterans reemployment program created
  under Subchapter H-1, Chapter 42A, Code of Criminal Procedure, and
  all other conditions of the defendant's community supervision,
  regardless of whether the defendant meets the eligibility criteria
  under this subchapter, 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 convicted or placed on deferred adjudication
  community supervision.
         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.  VETERANS REEMPLOYMENT PROGRAM. In this
  chapter "veterans reemployment program" means the community
  supervision program created under Subchapter H-1, Chapter 42A, Code
  of Criminal Procedure.
         Sec. 316.002.  EDUCATION AND TRAINING COURSES. (a) The
  commission shall develop or approve education and training courses
  to assist veterans convicted of or placed on deferred adjudication
  community supervision for a misdemeanor offense under Subchapter
  H-1, Chapter 42A, Code of Criminal Procedure, 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, 2018, 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, applies only to a person placed on community
  supervision, including deferred adjudication community
  supervision, on or after January 1, 2018.
         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, 2017.