84R192 SGA-D
 
  By: Taylor of Collin S.B. No. 465
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility for service retirement annuities from
  the Employees Retirement System of Texas or the Teacher Retirement
  System of Texas of certain employees 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 42.0199.
         SECTION 2.  Chapter 42, Code of Criminal Procedure, is
  amended by adding Article 42.0199 to read as follows:
         Art. 42.0199.  FINDING REGARDING OFFENSE RELATED TO
  PERFORMANCE OF PUBLIC SERVICE. (a)  In the trial of an offense
  described by Section 814.013 or 824.009, 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 employment
  described by Section 814.013(a) or Section 824.009(a), Government
  Code, while a member of the Employees Retirement System of Texas or
  the Teacher 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 814.013(k) or 824.009(k), Government Code, as
  applicable.
         SECTION 3.  Subchapter A, Chapter 814, Government Code, is
  amended by adding Section 814.013 to read as follows:
         Sec. 814.013.  CERTAIN EMPLOYEES AND ANNUITANTS INELIGIBLE
  FOR RETIREMENT ANNUITY; RESUMPTION OR RESTORATION OF ELIGIBILITY.
  (a)  This section applies only to a person who is a member or an
  annuitant of the retirement system and is or was an employee of the
  Texas Juvenile Justice Department in one of that department's
  institutional schools who, as defined by rule of the board of
  trustees, has or had regular, direct contact with students.
         (b)  To the extent ordered by a court under Subsection (k), a
  person is not eligible to receive a full service retirement annuity
  from the retirement system if the person is finally convicted of an
  offense the victim of which is a student who is a minor and the
  offense:
               (1)  arises from the person's employment described by
  Subsection (a) while a member of the retirement system; and
               (2)  is punishable as a felony under the following
  sections of the Penal Code:
                     (A)  Section 15.01 (criminal attempt), Section
  15.02 (criminal conspiracy), Section 15.03 (criminal
  solicitation), or Section 15.031 (criminal solicitation of a
  minor);
                     (B)  Section 19.02 (murder), Section 19.03
  (capital murder), Section 19.04 (manslaughter), or Section 19.05
  (criminally negligent homicide);
                     (C)  Section 20.02 (unlawful restraint);
                     (D)  Section 20.03 (kidnapping) or Section 20.04
  (aggravated kidnapping);
                     (E)  Section 20.05 (smuggling of persons);
                     (F)  Section 20A.02 (trafficking of persons);
                     (G)  Section 21.02 (continuous sexual abuse of a
  child);
                     (H)  Section 21.11 (indecency with a child);
                     (I)  Section 21.12 (improper relationship between
  educator and student);
                     (J)  Section 22.01 (assault);
                     (K)  Section 22.011 (sexual assault) or Section
  22.021 (aggravated sexual assault);
                     (L)  Section 22.04 (injury to a child, elderly
  individual, or disabled individual);
                     (M)  Section 22.041 (abandoning or endangering
  child);
                     (N)  Section 33.021 (online solicitation of a
  minor);
                     (O)  Section 43.05 (compelling prostitution);
                     (P)  Section 43.25 (sexual performance by a
  child); or
                     (Q)  Section 43.251 (employment harmful to
  children).
         (c)  To the extent ordered by a court under Subsection (k),
  the retirement system shall suspend making full annuity payments to
  a person who is not eligible to receive a full service retirement
  annuity under Subsection (b) on receipt by the retirement system of
  notice and terms of the person's conviction.
         (d)  The retirement system shall resume making full annuity
  payments if the person made ineligible for a full annuity under
  Subsection (b):
               (1)  is subsequently found to be not guilty of the
  offense; or
               (2)  meets the requirements for innocence under Section
  103.001(a)(2), Civil Practice and Remedies Code.
         (e)  The retirement system as applicable shall:
               (1)  for a person whose full annuity payments are
  resumed under Subsection (d), reimburse the person for any portion
  of the annuity payments withheld during a period of suspension; or
               (2)  restore the full eligibility of a person convicted
  of an offense described by Subsection (b) to receive a service
  retirement annuity, including the restoration of all service
  credits accrued by the person before the conviction, if the person
  satisfies the condition under Subsection (d)(1) or (2).
         (f)  Except as provided by Subsection (g), a person convicted
  of an offense described by Subsection (b) whose eligibility for a
  service retirement annuity is not fully restored under Subsection
  (e)(2) is eligible to accrue service credit toward a service
  retirement annuity from the retirement system if the person:
               (1)  was placed on community supervision for the
  offense for which the person was convicted and:
                     (A)  successfully completed the period of
  community supervision; and
                     (B)  received a discharge and dismissal under
  Section 20, Article 42.12, Code of Criminal Procedure; or
               (2)  was sentenced to serve a term of confinement in a
  penal institution for the offense for which the person was
  convicted and completely discharged the person's sentence,
  including any term of confinement and any period of parole or other
  form of conditional release.
         (g)  In determining a person's eligibility for retirement
  benefits under Subsection (f), the retirement system may include
  only those service credits that were:
               (1)  accrued by the person before the person's
  conviction for an offense described by Subsection (b) and remaining
  after conviction of the offense; or
               (2)  earned after fulfilling the requirements under
  Subsection (f).
         (h)  Except as provided by Subsection (i), a person who is
  not eligible to receive a full service retirement annuity under
  Subsection (b) is entitled to request and receive a refund of the
  person's retirement annuity contributions, not including any
  interest earned on those contributions.  A person who accepts a
  refund under this subsection terminates the person's membership in
  the retirement system.
         (i)  Benefits payable to an alternate payee under Chapter
  804, including a spouse or dependent child, are not affected by a
  person's ineligibility to receive a full service retirement annuity
  under Subsection (b).
         (j)  The board of trustees shall adopt rules and procedures
  to implement this section.
         (k)  A court shall:
               (1)  determine and order as applicable for a person
  convicted of an offense described by Subsection (b) the amount by
  which the person's:
                     (A)  service retirement annuity payments are to be
  reduced; or
                     (B)  accrued service credits are to be reduced;
  and
               (2)  notify the retirement system of the terms of a
  conviction ordered under Subdivision (1).
         SECTION 4.  Subchapter A, Chapter 824, Government Code, is
  amended by adding Section 824.009 to read as follows:
         Sec. 824.009.  CERTAIN EMPLOYEES AND ANNUITANTS INELIGIBLE
  FOR RETIREMENT ANNUITY; RESUMPTION OR RESTORATION OF ELIGIBILITY.
  (a)  This section applies only to a person who is a member or an
  annuitant of the retirement system and is or was an employee who, as
  defined by rule of the board of trustees, has or had regular, direct
  contact with students.
         (b)  To the extent ordered by a court under Subsection (k), a
  person is not eligible to receive a full service retirement annuity
  from the retirement system if the person is finally convicted of an
  offense the victim of which is a student who is a minor and the
  offense:
               (1)  arises from the person's employment described by
  Subsection (a) while a member of the retirement system; and
               (2)  is punishable as a felony under the following
  sections of the Penal Code:
                     (A)  Section 15.01 (criminal attempt), Section
  15.02 (criminal conspiracy), Section 15.03 (criminal
  solicitation), or Section 15.031 (criminal solicitation of a
  minor);
                     (B)  Section 19.02 (murder), Section 19.03
  (capital murder), Section 19.04 (manslaughter), or Section 19.05
  (criminally negligent homicide);
                     (C)  Section 20.02 (unlawful restraint);
                     (D)  Section 20.03 (kidnapping) or Section 20.04
  (aggravated kidnapping);
                     (E)  Section 20.05 (smuggling of persons);
                     (F)  Section 20A.02 (trafficking of persons);
                     (G)  Section 21.02 (continuous sexual abuse of a
  child);
                     (H)  Section 21.11 (indecency with a child);
                     (I)  Section 21.12 (improper relationship between
  educator and student);
                     (J)  Section 22.01 (assault);
                     (K)  Section 22.011 (sexual assault) or Section
  22.021 (aggravated sexual assault);
                     (L)  Section 22.04 (injury to a child, elderly
  individual, or disabled individual);
                     (M)  Section 22.041 (abandoning or endangering
  child);
                     (N)  Section 33.021 (online solicitation of a
  minor);
                     (O)  Section 43.05 (compelling prostitution);
                     (P)  Section 43.25 (sexual performance by a
  child); or
                     (Q)  Section 43.251 (employment harmful to
  children).
         (c)  To the extent ordered by a court under Subsection (k),
  the retirement system shall suspend making full annuity payments to
  a person who is not eligible to receive a full service retirement
  annuity under Subsection (b) on receipt by the retirement system of
  notice and terms of the person's conviction.
         (d)  The retirement system shall resume making full annuity
  payments if the person made ineligible for a full annuity under
  Subsection (b):
               (1)  is subsequently found to be not guilty of the
  offense; or
               (2)  meets the requirements for innocence under Section
  103.001(a)(2), Civil Practice and Remedies Code.
         (e)  The retirement system as applicable shall:
               (1)  for a person whose full annuity payments are
  resumed under Subsection (d), reimburse the person for any portion
  of the annuity payments withheld during a period of suspension; or
               (2)  restore the full eligibility of a person convicted
  of an offense described by Subsection (b) to receive a service
  retirement annuity, including the restoration of all service
  credits accrued by the person before the conviction, if the person
  satisfies the condition under Subsection (d)(1) or (2).
         (f)  Except as provided by Subsection (g), a person convicted
  of an offense described by Subsection (b) whose eligibility for a
  service retirement annuity is not fully restored under Subsection
  (e)(2) is eligible to accrue service credit toward a service
  retirement annuity from the retirement system if the person:
               (1)  was placed on community supervision for the
  offense for which the person was convicted and:
                     (A)  successfully completed the period of
  community supervision; and
                     (B)  received a discharge and dismissal under
  Section 20, Article 42.12, Code of Criminal Procedure; or
               (2)  was sentenced to serve a term of confinement in a
  penal institution for the offense for which the person was
  convicted and completely discharged the person's sentence,
  including any term of confinement and any period of parole or other
  form of conditional release.
         (g)  In determining a person's eligibility for retirement
  benefits under Subsection (f), the retirement system may include
  only those service credits that were:
               (1)  accrued by the person before the person's
  conviction for an offense described by Subsection (b) and remaining
  after conviction of the offense; or
               (2)  earned after fulfilling the requirements under
  Subsection (f).
         (h)  Except as provided by Subsection (i), a person who is
  not eligible to receive a full service retirement annuity under
  Subsection (b) is entitled to request and receive a refund of the
  person's retirement annuity contributions, not including any
  interest earned on those contributions.  A person who accepts a
  refund under this subsection terminates the person's membership in
  the retirement system.
         (i)  Benefits payable to an alternate payee under Chapter
  804, including a spouse or dependent child, are not affected by a
  person's ineligibility to receive a full service retirement annuity
  under Subsection (b).
         (j)  The board of trustees shall adopt rules and procedures
  to implement this section.
         (k)  A court shall:
               (1)  determine and order as applicable for a person
  convicted of an offense described by Subsection (b) the amount by
  which the person's:
                     (A)  service retirement annuity payments are to be
  reduced; or
                     (B)  accrued service credits are to be reduced;
  and
               (2)  notify the retirement system of the terms of a
  conviction ordered under Subdivision (1).
         SECTION 5.  Sections 814.013 and 824.009, Government Code,
  as added by this Act, apply only to an offense committed on or after
  the effective date of rules adopted in accordance with Section 7 of
  this Act.  An offense committed before that date is governed by the
  law in effect on the date the offense was committed, and the former
  law is continued in effect for that purpose.  For purposes of this
  section, an offense was committed before the effective date of
  rules adopted in accordance with Section 7 of this Act if any
  element of the offense occurred before that date.
         SECTION 6.  Section 12, Article 42.01, Code of Criminal
  Procedure, and Article 42.0199, 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 7.  (a)  Not later than December 31, 2015, for the
  purposes of Section 814.013(a), Government Code, as added by this
  Act, the board of trustees of the Employees Retirement System of
  Texas by rule shall define which employee positions at the
  institutional schools of the Texas Juvenile Justice Department
  include regular, direct contact with students.
         (b)  Not later than December 31, 2015, for the purposes of
  Section 824.009(a), Government Code, as added by this Act, the
  board of trustees of the Teacher Retirement System of Texas by rule
  shall define which employee positions include regular, direct
  contact with students.
         SECTION 8.  This Act takes effect September 1, 2015.