85R7158 AAF-D     By: Lucio S.B. No. 2135       A BILL TO BE ENTITLED   AN ACT   relating to services provided to veterans who have been arrested   for a misdemeanor or felony offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 434, Government Code, is   amended by adding Sections 434.024 and 434.025 to read as follows:          Sec. 434.024.  COORDINATION WITH MUNICIPALITIES. The Texas   Veterans Commission and a Veterans County Service Office created   under Subchapter B in a county in which a veterans treatment court   program has been established under Chapter 124 shall:                (1)  contact the municipalities in that county and   inform the municipalities of the benefits and services provided by   the veterans treatment court program; and                (2)  develop procedures by which municipalities in that   county may inform the Veterans County Service Office that a veteran   has been arrested in the municipality for a misdemeanor or felony   offense.          Sec. 434.025.  WORK GROUP ON VETERANS TREATMENT COURT   PROGRAMS. (a) In this section:                (1)  "Commission" means the Texas Veterans Commission.                (2)  "Veterans treatment court program" has the meaning   assigned by Section 124.001.                (3)  "Work group" means the Work Group on Veterans   Treatment Court Programs.          (b)  The commission shall establish the Work Group on   Veterans Treatment Court Programs:                (1)  to develop and make recommendations for   strengthening veterans treatment court programs; and                (2)  composed of the following members:                      (A)  providers of services to veterans;                      (B)  members of the judiciary;                      (C)  representatives from the United States   Department of Veterans Affairs; and                      (D)  members of interested nonprofit and private   organizations, including national foundations for veterans.          (c)  The work group shall develop recommendations:                (1)  identifying additional funding mechanisms for   veterans treatment court programs; and                (2)  for increasing the use and effectiveness of   veterans treatment court programs.          (d)  In developing the recommendations described by   Subsection (c)(2), the work group shall collaborate with veterans   county service officers appointed under Section 434.033.          (e)  Not later than October 1 of each even-numbered year, the   work group shall submit to the commission a written report of the   work group's recommendations described by Subsection (c).  The work   group may electronically deliver the report to the commission.          (f)  Not later than December 1 of each even-numbered year,   the commission shall evaluate the work group's report and submit to   the legislature a report outlining legislative recommendations to   strengthen veterans treatment court programs.  The commission may   electronically deliver the report to the legislature.          SECTION 2.  Section 434.039, Government Code, is amended to   read as follows:          Sec. 434.039.  COORDINATION WITH COUNTY SERVICE OFFICERS AND   COMMISSIONERS COURTS. The commission shall develop and adopt   procedures to coordinate with county service officers and county   commissioners courts to:                (1)  identify the shared objectives of the commission,   county service officers, and counties with a county service office   in serving veterans;                (2)  develop a plan for encouraging service officers to   become accredited by the United States Department of Veterans   Affairs;                (3)  develop a procedure for consulting with counties   to evaluate the state's overall approach to service delivery by   county service officers and commission claims staff as part of the   state's veterans assistance network;                (4)  define the commission's responsibilities in   overseeing claims and appeals prepared by county service officers   for instances when the commission has been designated as a   veteran's agent under a power of attorney;                (5)  develop a process for collecting information   regarding claims filed by county service officers for instances   when the commission has been designated as a veteran's agent under a   power of attorney, for providing technical assistance to county   service officers, and for providing evaluative information, on   request, to county judges or other local officials who supervise   county service officers;                (6)  incorporate county service officers into United   States Department of Veterans Affairs appeals hearings either to   represent veterans or to appear as witnesses, as needed;                (7)  explore opportunities for funding county service   officer travel to participate in United States Department of   Veterans Affairs appeals hearings; [and]                (8)  develop procedures to regularly update county   service officers on changes in United States Department of Veterans   Affairs policies and procedures, and other information; and                (9)  develop procedures for county commissioners   courts in counties in which a veterans treatment court program has   been established under Chapter 124 to inform an officer for that   county that a veteran in that county has been arrested for a   misdemeanor or felony offense.          SECTION 3.  Subchapter B, Chapter 434, Government Code, is   amended by adding Sections 434.040, 434.041, and 434.042 to read as   follows:          Sec. 434.040.  NOTIFICATION TO COUNTY SERVICE OFFICERS OF   ARRESTED VETERANS. (a) A municipality or a county commissioners   court in a county in which a veterans treatment court program has   been established under Chapter 124 shall notify the officer for   that county:                (1)  that a veteran in that county or municipality, as   applicable, has been arrested for a misdemeanor or felony offense;   and                (2)  of the type of misdemeanor or felony offense for   which the veteran was arrested.          (b)  A county commissioners court shall notify an officer of   a veteran's arrest under Subsection (a) not later than 24 hours   after the arrest.          (c)  To satisfy the requirements of Subsection (a), a   municipality or a county commissioners court may:                (1)  follow the procedures developed by the commission   to notify officers of arrested veterans under Section 434.024 or   434.039, as applicable; or                (2)  establish its own procedures to notify officers of   arrested veterans.          Sec. 434.041.  VISITATION OF VETERANS IN JAIL. After an   officer for a county learns that a veteran has been arrested for a   misdemeanor or felony offense and is confined in jail, the officer   shall visit the veteran in the:                (1)  county jail not later than 72 hours after   receiving notification under Section 434.040; or                (2)  municipal jail as soon as practicable after   receiving notification under Section 434.040.          Sec. 434.042.  RECOMMENDATION FOR VETERANS TREATMENT COURT   PROGRAM. (a)  After visitation of a veteran under Section 434.041,   an officer, in consultation with the county commissioners court and   the commission, shall determine whether the veteran is eligible   under Section 124.002 to participate in a veterans treatment court   program established under Chapter 124.          (b)  If the officer determines under Subsection (a) that a   veteran is eligible for participation in a veterans treatment court   program established under Chapter 124, the officer shall recommend   to the court in which the criminal case is pending that the veteran   participate in the program.          SECTION 4.  The Work Group on Veterans Treatment Court   Programs established under Section 434.025, Government Code, as   added by this Act, shall hold the group's initial meeting not later   than November 1, 2017.          SECTION 5.  Not later than December 1, 2017, the Texas   Veterans Commission shall adopt rules and procedures necessary to   implement the changes in law made by this Act to Chapter 434,   Government Code.          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.