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A BILL TO BE ENTITLED
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AN ACT
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relating to the contractual revocation of pension benefits of |
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certain public employees convicted of an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 8, Government Code, is amended |
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by adding Chapter 807 to read as follows: |
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CHAPTER 807. CONTRACTUAL REVOCATION OF PENSION BENEFITS |
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Sec. 807.001. DEFINITIONS. In this chapter: |
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(1) "Employer" means a school district, municipality, |
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or county participating in a public retirement system. |
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(2) "Public retirement system" has the meaning |
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assigned by Section 804.001, except that the term does not include |
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the Employees Retirement System of Texas, the Judicial Retirement |
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System of Texas Plan One, or the Judicial Retirement System of Texas |
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Plan Two. |
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Sec. 807.002. EMPLOYMENT CONTRACT PENSION REVOCATION |
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POLICY AND PROVISION. (a) An employer, by rule, resolution, or |
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ordinance, may adopt a policy that provides for the inclusion of a |
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standard pension revocation provision in all employment contracts |
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of the employer that are signed on or after September 1, 2011. |
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(b) An employer that adopts a pension revocation policy |
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under Subsection (a) may include a standard provision in the |
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employer's employment contract that revokes a person's eligibility |
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to receive pension benefits provided by the retirement system in |
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which the employer participates if: |
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(1) the person, during the term of the contract, is |
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charged with an offense that is a first degree felony or another |
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offense specified in the contract; and |
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(2) the person is finally convicted of the offense. |
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(c) Except as provided by Section 807.005, a person who |
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signs an employment contract described by Subsection (b) and |
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becomes an employee of the employer forfeits the person's |
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eligibility to receive pension benefits under the retirement system |
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if: |
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(1) during the term of the contract, the person is |
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charged with an offense specified in the contract; and |
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(2) the person is finally convicted of the offense. |
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Sec. 807.003. INCLUDABLE OFFENSES. An employer's |
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employment contract may exclude first degree felonies or substitute |
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or add other offenses that, on conviction of the employee, may |
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result in the revocation of pension benefits. The other includable |
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offenses are: |
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(1) second degree, third degree, or state jail |
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felonies; or |
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(2) a misdemeanor involving moral turpitude. |
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Sec. 807.004. DETERMINATION OF REVOCATION PROVISION |
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APPLICABILITY. (a) An employer who includes a pension revocation |
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provision described by Section 807.002 in the employer's employment |
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contract shall designate in the contract the person responsible for |
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determining if: |
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(1) the revocation clause applies to a particular |
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employee convicted of an offense; and |
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(2) the employee forfeits the employee's eligibility |
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for pension benefits. |
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(b) The person designated under Subsection (a) may be: |
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(1) the public retirement system's board of trustees; |
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(2) the employer; |
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(3) a court; |
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(4) a neutral third party; or |
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(5) another person trusted by the employer and |
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employee to make a fair decision. |
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Sec. 807.005. REINSTATEMENT OF PERSON AS ELIGIBLE FOR |
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BENEFITS. A person who forfeits eligibility to receive pension |
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benefits under Section 807.002 may be reinstated as eligible for |
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those benefits if the person would otherwise be eligible under the |
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rules of the public retirement system and the person: |
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(1) is found to be not guilty of the offense; |
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(2) would be entitled to have records and files |
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related to the person's arrest or indictment expunged under Article |
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55.01, Code of Criminal Procedure; or |
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(3) meets either of the requirements for innocence |
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under Section 103.001(a)(2), Civil Practice and Remedies Code. |
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SECTION 2. This Act takes effect September 1, 2011. |