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.