Bill Text: TX SB371 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the eligibility for service retirement annuities of certain elected officials convicted of certain crimes.
Spectrum: Moderate Partisan Bill (Republican 38-7)
Status: (Engrossed - Dead) 2011-05-24 - Placed on General State Calendar [SB371 Detail]
Download: Texas-2011-SB371-Engrossed.html
By: Seliger, et al. | S.B. No. 371 |
|
||
|
||
relating to the eligibility for service retirement annuities of | ||
certain elected officials convicted of certain crimes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 814, Government Code, is amended by | ||
adding Section 814.1021 to read as follows: | ||
Sec. 814.1021. CERTAIN ELECTED MEMBERS INELIGIBLE FOR | ||
RETIREMENT ANNUITY. (a) In this section, "qualifying felony" | ||
means any felony involving: | ||
(1) bribery; | ||
(2) the embezzlement, extortion, or other theft of | ||
public money; | ||
(3) perjury; or | ||
(4) conspiracy or the attempt to commit any of the | ||
above crimes. | ||
(b) This section applies only to a member of the elected | ||
class of the retirement system as described by Section | ||
812.002(a)(1) or (2). | ||
(c) Except as provided by Subsection (d), a member is not | ||
eligible to receive a service retirement annuity for service credit | ||
in the elected class under the retirement system if the member is | ||
convicted of a qualifying felony committed while in office and | ||
arising directly from the official duties of that elected office. | ||
(d) The retirement system shall suspend payments of an | ||
annuity to a person ineligible to receive the annuity under | ||
Subsection (c). A person whose conviction is overturned on appeal | ||
or who meets either of the requirements for innocence under Section | ||
103.001(a)(2), Civil Practice and Remedies Code, is entitled to | ||
receive an amount equal to the accrued total of payments and | ||
interest earned on the payments withheld during the suspension | ||
period. | ||
(e) A member who is not eligible to receive a service | ||
retirement annuity under Subsection (c) is entitled to a refund of | ||
the member's retirement annuity contributions, not including | ||
interest earned on those contributions. | ||
(f) Benefits payable to an alternate payee under Chapter 804 | ||
are not affected by a member's ineligibility to receive a | ||
retirement annuity under Subsection (c). | ||
(g) Ineligibility for a retirement annuity under this | ||
section does not impair a person's right to any other retirement | ||
benefit for which the person is eligible. | ||
(h) The board of trustees of the retirement system shall | ||
adopt rules and procedures to implement this section. | ||
SECTION 2. Article 6220, Revised Statutes, is repealed. | ||
SECTION 3. (a) Section 814.1021, Government Code, as added | ||
by this Act, applies only to a member of the Employees Retirement | ||
System of Texas who is or was a member of the state legislature or | ||
holds or has held a statewide elected office and, on or after the | ||
effective date of this Act, commits an offense that is a qualifying | ||
felony as defined by that section. A person who commits a | ||
qualifying felony before the effective date of this Act is subject | ||
to the law in effect on the date the offense was committed, and the | ||
former law is continued in effect for that purpose. | ||
(b) For purposes of this section, an offense was committed | ||
before the effective date of this Act if any element of the offense | ||
occurred before that date. | ||
SECTION 4. This Act takes effect September 1, 2011. |