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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility for service retirement annuities of |
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certain elected officials convicted of certain crimes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 814, Government Code, is amended by |
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adding Section 814.1021 to read as follows: |
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Sec. 814.1021. CERTAIN ELECTED MEMBERS INELIGIBLE FOR |
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RETIREMENT ANNUITY. (a) In this section, "qualifying felony" |
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means any felony involving: |
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(1) bribery; |
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(2) the embezzlement, extortion, or other theft of |
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public money; |
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(3) perjury; or |
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(4) conspiracy or the attempt to commit any of the |
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above crimes. |
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(b) This section applies only to a member of the elected |
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class of the retirement system as described by Section |
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812.002(a)(1) or (2). |
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(c) Except as provided by Subsection (d), a member is not |
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eligible to receive a service retirement annuity for service credit |
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in the elected class under the retirement system if the member is |
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convicted of a qualifying felony committed while in office and |
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arising directly from the official duties of that elected office. |
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(d) The retirement system shall suspend payments of an |
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annuity to a person ineligible to receive the annuity under |
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Subsection (c). A person whose conviction is overturned on appeal |
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or who meets either of the requirements for innocence under Section |
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103.001(a)(2), Civil Practice and Remedies Code, is entitled to |
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receive an amount equal to the accrued total of payments and |
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interest earned on the payments withheld during the suspension |
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period. |
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(e) A member who is not eligible to receive a service |
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retirement annuity under Subsection (c) is entitled to a refund of |
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the member's retirement annuity contributions not including |
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interest earned on those contributions. |
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(f) Benefits payable to an alternate payee under Chapter 804 |
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are not affected by a member's ineligibility to receive a |
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retirement annuity under Subsection (c). |
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(g) Ineligibility for a retirement annuity under this |
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section does not impair a person's right to any other retirement |
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benefit for which the person is eligible. |
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(h) The board of trustees of the retirement system shall |
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adopt rules and procedures to implement this section. |
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SECTION 2. Article 6220, Revised Statutes, is repealed. |
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SECTION 3. (a) Section 814.1021, Government Code, as added |
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by this Act, applies only to a member of the Employees Retirement |
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System of Texas who is or was a member of the state legislature or |
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holds or has held a statewide elected office and, on or after the |
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effective date of this Act, commits an offense that is a qualifying |
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felony as defined by that section. A person who commits a |
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qualifying felony before the effective date of this Act is subject |
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to the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. |
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(b) For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |