Amend SB 14 (senate committee printing) as follows:
(1) In ARTICLE 1 of the bill, add the following appropriately numbered SECTIONS:
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 42.0196.
SECTION 1.____. Chapter 42, Code of Criminal Procedure, is amended by adding Article 42.0196 to read as follows:
Art. 42.0196. FINDING REGARDING OFFENSE RELATED TO PERFORMANCE OF PUBLIC SERVICE. (a) In the trial of an offense described by Section 810.002, 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 defendant is:
(1) a member of the elected class described by Section 810.002(b)(1), Government Code, while a member of the Employees Retirement System of Texas; or
(2) a holder of an elected office for which the defendant wholly or partly became eligible for membership in a public retirement system.
(b) A judge who makes the affirmative finding described by this article shall make the determination and provide the notice required by Section 810.002(k), Government Code.
(2) In SECTION 1.01 of the bill, in added Section 810.002(d), Government Code (page 1, line 53), between "system" and "shall", insert ", on receipt of notice of a conviction under Subsection (e) or (k), any similar notice of a conviction of a qualifying felony from a United States district court or United States attorney, or any other information that the retirement system determines by rule is sufficient to establish a conviction of a qualifying felony,".
(3) In SECTION 1.01 of the bill, in added Section 810.002(d), Government Code (page 1, line 54), between "person" and "ineligible", insert "the system determines to be".
(4) In SECTION 1.01 of the bill, following added Section 810.002(d), Government Code (page 2, between lines 2 and 3), insert the following:
(e) Not later than the 30th day after the conviction of a person of a qualifying felony, the governmental entity to which the person was elected or appointed must provide written notice of the conviction to the public retirement system in which the person is enrolled. The notice must comply with the administrative rules adopted by the public retirement system under Subsection (j).
(5) In SECTION 1.01 of the bill, after added Section 810.002(i), Government Code (page 2, between lines 23 and 24), add the following:
(k) A court shall notify the retirement system of the terms of a conviction of a person convicted of an offense described by Subsection (c).
(6) Reletter remaining subsections of added Section 810.002, Government Code, as necessary.
(7) Renumber subsequent SECTIONS of ARTICLE 1 accordingly.
ZAFFIRINI
TAYLOR OF COLLIN