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A BILL TO BE ENTITLED
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AN ACT
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relating to the effect of certain felony convictions of public |
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elected officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 810, Government Code, is amended by |
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adding Section 810.002 to read as follows: |
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Sec. 810.002. CERTAIN ELECTED OFFICIALS INELIGIBLE FOR |
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RETIREMENT ANNUITY. (a) In this section: |
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(1) "Governing body of a public retirement system" and |
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"public retirement system" have the meanings assigned by Section |
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802.001. |
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(2) "Qualifying felony" means any felony involving: |
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(A) bribery; |
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(B) the embezzlement, extortion, or other theft |
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of public money; |
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(C) perjury; |
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(D) coercion of public servant or voter; |
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(E) tampering with governmental record; |
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(F) misuse of official information; |
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(G) conspiracy or the attempt to commit any of |
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the offenses described by Paragraphs (A)-(F); or |
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(H) abuse of official capacity. |
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(b) This section applies only to a person who is: |
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(1) a member of the elected class of the Employees |
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Retirement System of Texas as described by Section 812.002(a)(1) or |
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(2); or |
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(2) otherwise eligible for membership in a public |
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retirement system wholly or partly because the person held an |
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elected office. |
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(c) Except as provided by Subsection (d), a member of a |
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public retirement system is not eligible to receive a service |
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retirement annuity 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 the requirements for innocence under Section |
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103.001(a)(2), Civil Practice and Remedies Code: |
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(1) is entitled to receive an amount equal to the |
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accrued total of payments and interest earned on the payments |
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withheld during the suspension period; and |
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(2) may resume receipt of annuity payments on payment |
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to the retirement system of an amount equal to the contributions |
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refunded to the person under Subsection (e). |
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(e) A member who is ineligible 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 service retirement annuity contributions, 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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who is recognized by a domestic relations order established before |
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January 8, 2019, are not affected by a member's ineligibility to |
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receive a service retirement annuity under Subsection (c). |
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(g) On conviction of a member for a qualifying felony, a |
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court may, in the interest of justice and in the same manner as in a |
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divorce proceeding, award half of the service retirement annuity |
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forfeited by the member as the separate property of an innocent |
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spouse if the annuity is partitioned or exchanged by written |
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agreement of the spouses as provided by Subchapter B, Chapter 4, |
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Family Code. The amount awarded to the innocent spouse may not be |
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converted to community property. |
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(h) Ineligibility for a service retirement annuity under |
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this section does not impair a person's right to any other |
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retirement benefit for which the person is eligible. |
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(i) The governing body of a public retirement system shall |
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adopt rules and procedures to implement this section. |
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SECTION 2. Chapter 601, Government Code, is amended by |
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adding Section 601.011 to read as follows: |
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Sec. 601.011. VACANCY ON FINAL FELONY CONVICTION OF MEMBER |
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OF LEGISLATURE, GOVERNOR, OR STATE ELECTED OFFICIAL. A member of |
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the legislature, the governor, or a state elected official |
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convicted of a felony vacates the member's, governor's, or |
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official's office on the date the conviction becomes final. |
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SECTION 3. Section 810.002, Government Code, as added by |
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this Act, applies only to a member of a public retirement system who |
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holds or has held elected office and, on or after the effective date |
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of this Act, commits an offense that is a qualifying felony as |
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defined by that section. A person who commits a qualifying felony |
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before the effective date of this Act is subject to the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect January 8, 2019. |