Bill Text: TX HB422 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the eligibility for service retirement annuities from the Employees Retirement System of Texas of certain elected officials convicted of certain offenses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-02-20 - Referred to General Investigating & Ethics [HB422 Detail]

Download: Texas-2017-HB422-Introduced.html
  85R549 TSR-F
 
  By: Fallon H.B. No. 422
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility for service retirement annuities from
  the Employees Retirement System of Texas of certain elected
  officials convicted of certain offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 42.01, Code of Criminal Procedure, is
  amended by adding Section 12 to read as follows:
         Sec. 12.  In addition to the information described by
  Section 1, the judgment should reflect affirmative findings entered
  pursuant to Article 42.0196.
         SECTION 2.  Chapter 42, Code of Criminal Procedure, is
  amended by adding Article 42.0196 to read as follows:
         Art. 42.0196.  FINDING REGARDING OFFENSE RELATED TO
  PERFORMANCE OF PUBLIC SERVICE. (a)  In the trial of an offense
  described by Section 814.1021, Government Code, the judge shall
  make an affirmative finding of fact and enter the affirmative
  finding in the judgment in the case if the judge determines that the
  offense committed was related to the defendant's service as a
  member of the elected class described by Section 814.1021(b),
  Government Code, while a member of the Employees Retirement System
  of Texas.
         (b)  A judge that makes the affirmative finding described by
  this article shall make the determination and enter the order
  required by Section 814.1021(j), Government Code.
         SECTION 3.  Subchapter B, 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)  embezzlement, extortion, or other theft of public
  money;
               (3)  perjury;
               (4)  coercion of public servant or voter;
               (5)  tampering with governmental record;
               (6)  misuse of official information;
               (7)  conspiracy or the attempt to commit any of the
  above crimes; or
               (8)  abuse of official capacity.
         (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) on receipt by the retirement system of notice and the
  terms of the person's conviction.  A person whose conviction is
  overturned on appeal or who meets the requirements for innocence
  under Section 103.001(a)(2), Civil Practice and Remedies Code:
               (1)  is entitled to receive an amount equal to the
  accrued total of payments and interest earned on the payments
  withheld during the suspension period; and
               (2)  may resume receipt of annuity payments on payment
  to the retirement system of an amount equal to the contributions
  refunded to the person under Subsection (e).
         (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, including interest
  earned on those contributions.
         (f)  Benefits payable to an alternate payee under Chapter 804
  who is recognized by a domestic relations order established before
  September 1, 2017, are not affected by a member's ineligibility to
  receive a retirement annuity under Subsection (c).
         (g)  On conviction of a member for a qualifying felony, a
  court may, in the interest of justice and in the same manner as in a
  divorce proceeding, award half of the service retirement annuity
  forfeited by the member as the separate property of an innocent
  spouse if the annuity is partitioned or exchanged by written
  agreement of the spouses as provided by Subchapter B, Chapter 4,
  Family Code. The amount awarded to the innocent spouse may not be
  converted to community property.
         (h)  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.
         (i)  The board of trustees of the retirement system shall
  adopt rules and procedures to implement this section.
         (j)  A court shall:
               (1)  order the suspension of service retirement annuity
  payments for a person convicted of an offense described by
  Subsection (c); and
               (2)  notify the retirement system of the terms of a
  conviction ordered under Subdivision (1).
         SECTION 4.  Section 12, Article 42.01, Code of Criminal
  Procedure, and Article 42.0196, Code of Criminal Procedure, as
  added by this Act, apply only to a judgment of conviction entered on
  or after the effective date of this Act.
         SECTION 5.  (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 6.  This Act takes effect September 1, 2017.
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