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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 from |
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the Employees Retirement System of Texas of certain public officers |
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and employees convicted of serious crimes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.14021 to read as follows: |
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Sec. 411.14021. ACCESS TO MEMBER OR ANNUITANT CRIMINAL |
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HISTORY RECORD INFORMATION: EMPLOYEES RETIREMENT SYSTEM OF TEXAS. |
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(a) In this section, "retirement system" means the Employees |
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Retirement System of Texas. |
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(b) The retirement system is entitled to obtain from the |
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department criminal history record information maintained by the |
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department that relates to a person who is a member or an annuitant |
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of the retirement system. The retirement system is not required to |
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pay a fee under Section 411.088 to obtain the criminal history |
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record information. |
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(c) Criminal history record information obtained by the |
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retirement system under Subsection (b) may be used only to evaluate |
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a person's eligibility to receive a retirement annuity under |
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Section 814.0045. |
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(d) The retirement system may not release or disclose |
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information obtained under Subsection (b) except on court order or |
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with the consent of the person who is the subject of the criminal |
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history record information. |
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(e) Not later than the 180th day after the date of receipt of |
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criminal history record information obtained under Subsection (b) |
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about a person, the retirement system shall destroy the |
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information. |
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SECTION 2. Subchapter A, Chapter 814, Government Code, is |
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amended by adding Section 814.0045 to read as follows: |
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Sec. 814.0045. CERTAIN STATE EMPLOYEES AND ANNUITANTS |
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INELIGIBLE FOR RETIREMENT ANNUITY. (a) In this section, "serious |
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crime" means malfeasance or an offense involving moral turpitude. |
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(b) A person who is a member or an annuitant of the |
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retirement system is not eligible to receive a service retirement |
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annuity under this chapter if the person is: |
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(1) finally convicted of a felony; or |
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(2) finally convicted of a serious crime related to |
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the person's performance of membership service. |
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(c) The retirement system shall suspend annuity payments to |
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a person who is impeached, arrested, or indicted for a reason that |
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may result in the person's ineligibility for a service retirement |
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annuity under Subsection (b). The system shall resume making |
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annuity payments, including all payments suspended under this |
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subsection, if, as applicable: |
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(1) the person is found to be not guilty of the |
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offense; |
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(2) the charges against the person are dropped; |
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(3) impeachment proceedings do not result in the |
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person's removal from office; |
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(4) the person would be entitled to have records and |
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files related to the person's arrest or indictment expunged under |
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Article 55.01, Code of Criminal Procedure; or |
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(5) the person meets either of the requirements for |
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innocence under Section 103.001(a)(2), Civil Practice and Remedies |
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Code. |
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(d) Except as provided by Subsection (e), a person who is |
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not eligible to receive a service retirement annuity under |
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Subsection (b) is entitled to a refund of the person's retirement |
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annuity contributions, not including any interest earned on those |
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contributions. |
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(e) Benefits payable to an alternate payee under Chapter 804 |
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are not affected by a person's ineligibility to receive a |
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retirement annuity under Subsection (b). |
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(f) The board of trustees shall determine if an offense was |
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committed in the conduct of the member's duties as a member of the: |
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(1) elected class; or |
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(2) employee class. |
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(g) The board of trustees shall adopt rules and procedures |
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to implement this section. |
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(h) The board of trustees may adopt rules providing for |
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obtaining criminal history record information under Section |
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411.14021. |
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(i) A court or governmental body shall make a good faith |
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effort to notify the retirement system of the arrest, indictment, |
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conviction, or impeachment of a person whose service retirement |
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annuity payments are required to be suspended under this section or |
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who is ineligible under this section to receive service retirement |
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annuity payments. |
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SECTION 3. Article 6220, Revised Statutes, is repealed. |
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SECTION 4. Section 814.0045, Government Code, as added by |
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this Act, applies only to a member or annuitant of the Employees |
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Retirement System of Texas who, on or after the effective date of |
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this Act, is removed from office by impeachment or arrested or |
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indicted for an offense described by that section. |
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SECTION 5. This Act takes effect September 1, 2011. |