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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility of elected officials convicted of a crime |
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for certain retirement and related benefits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 814, Government Code, is |
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amended by adding Section 814.012 to read as follows: |
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Sec. 814.012. INELIGIBILITY OF CERTAIN CONVICTED FELONS. |
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(a) A person is ineligible to receive service retirement benefits, |
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disability retirement benefits, or death benefits payable by the |
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retirement system if the person: |
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(1) at any time, served in a position for which the |
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person is eligible for membership in the elected class under |
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Section 812.002(a); and |
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(2) is convicted of an offense under the law of a state |
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or the United States that is classified as a felony. |
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(b) Ineligibility for benefits under Subsection (a) begins |
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on the date that conviction of the person becomes final, without |
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regard to whether the person has retired from the system on that |
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date. |
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(c) A person who is ineligible for benefits under this |
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section may withdraw the person's accumulated contributions for |
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service credited in the retirement system in the manner provided by |
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Subchapter B, Chapter 812. A person may withdraw contributions |
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under this section without regard to whether the person has |
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retired, however, the amount of contributions that may be withdrawn |
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is reduced by the total amount of any benefits paid by the |
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retirement system to the person before the date of the withdrawal. |
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(d) A person has been convicted for purposes of Subsection |
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(a) if the person has been adjudged guilty of the offense or entered |
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a plea of guilty or nolo contendere in return for a grant of |
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deferred adjudication, regardless of whether the sentence for the |
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offense was ever imposed or whether the sentence was probated and |
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the defendant was subsequently discharged from community |
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supervision. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 3. This Act takes effect September 1, 2007. |