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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 a |
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public retirement system of public officers or employees convicted |
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of certain offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.01, Code of Criminal Procedure, is |
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amended by adding Section 12 to read as follows: |
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Sec. 12. In addition to the information described by |
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Section 1, the judgment should reflect affirmative findings entered |
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pursuant to Article 42.0195. |
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SECTION 2. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.0195 to read as follows: |
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Art. 42.0195. FINDING REGARDING OFFENSE RELATED TO |
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PERFORMANCE OF PUBLIC SERVICE. (a) In the trial of an offense |
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described by Section 802.004, Government Code, the judge shall make |
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an affirmative finding of fact and enter the affirmative finding in |
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the judgment in the case if the judge determines that the offense |
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committed was related to the defendant's performance of public |
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service as a member of a public retirement system. |
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(b) A judge that makes the affirmative finding described by |
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this article shall make the determination and enter the order |
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required by Section 802.004(k), Government Code. |
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SECTION 3. Subchapter A, Chapter 802, Government Code, is |
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amended by adding Section 802.004 to read as follows: |
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Sec. 802.004. CERTAIN EMPLOYEES AND ANNUITANTS INELIGIBLE |
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FOR RETIREMENT ANNUITY; RESUMPTION OR RESTORATION OF ELIGIBILITY. |
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(a) This section applies only to a person who is a member or an |
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annuitant of a public retirement system and holds or has held an |
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elective office included in the coverage of that public retirement |
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system. |
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(b) To the extent ordered by a court under Subsection (k), a |
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person is not eligible to receive a full service retirement annuity |
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from a public retirement system if the person is finally convicted |
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of an offense that is related to the person's performance of public |
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service arising from the person's official duties as an elected |
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officer while a member of the retirement system and is: |
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(1) a felony; or |
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(2) punishable under Title 8, Penal Code, as a Class A |
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or Class B misdemeanor. |
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(c) To the extent ordered by a court under Subsection (k), |
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the public retirement system shall suspend making full annuity |
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payments to a person who is not eligible to receive a full service |
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retirement annuity under Subsection (b) on receipt by the |
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retirement system of notice and terms of the person's conviction. |
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(d) The public retirement system shall resume making full |
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annuity payments if the person made ineligible for a full annuity |
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under Subsection (b): |
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(1) is subsequently found to be not guilty of the |
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offense; or |
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(2) meets the requirements for innocence under Section |
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103.001(a)(2), Civil Practice and Remedies Code. |
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(e) The public retirement system as applicable shall: |
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(1) for a person whose full annuity payments are |
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resumed under Subsection (d), reimburse the person for any portion |
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of the annuity payments withheld during a period of suspension; or |
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(2) restore the full eligibility of a person convicted |
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of an offense described by Subsection (b) to receive a service |
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retirement annuity, including the restoration of all service |
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credits accrued by the person before the conviction, if the person |
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satisfies the condition under Subsection (d)(1) or (2). |
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(f) Except as provided by Subsection (g), a person convicted |
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of an offense described by Subsection (b) whose eligibility for a |
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service retirement annuity is not fully restored under Subsection |
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(e)(2) is eligible to accrue service credit toward a service |
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retirement annuity from a public retirement system if the person: |
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(1) was placed on community supervision for the |
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offense for which the person was convicted and: |
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(A) successfully completed the period of |
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community supervision; and |
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(B) received a discharge and dismissal under |
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Article 42A.701, Code of Criminal Procedure; or |
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(2) was sentenced to serve a term of confinement in a |
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penal institution for the offense for which the person was |
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convicted and completely discharged the person's sentence, |
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including any term of confinement and any period of parole or other |
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form of conditional release. |
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(g) In determining a person's eligibility for retirement |
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benefits under Subsection (f), a public retirement system may |
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include only those service credits that were: |
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(1) accrued by the person before the person's |
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conviction for an offense described by Subsection (b) and remaining |
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after conviction of the offense; or |
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(2) earned after fulfilling the requirements under |
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Subsection (f). |
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(h) Except as provided by Subsection (i), a person who is |
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not eligible to receive a full service retirement annuity under |
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Subsection (b) is entitled to request and receive a refund of the |
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person's retirement annuity contributions, not including any |
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interest earned on those contributions. A person who accepts a |
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refund under this subsection terminates the person's membership in |
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the public retirement system. |
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(i) Benefits payable to an alternate payee under Chapter |
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804, including a spouse or dependent child, are not affected by a |
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person's ineligibility to receive a full service retirement annuity |
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under Subsection (b). |
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(j) 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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(k) A court shall: |
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(1) determine and order as applicable for a person |
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convicted of an offense described by Subsection (b) the amount by |
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which the person's: |
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(A) service retirement annuity payments are to be |
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reduced; or |
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(B) accrued service credits are to be reduced; |
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and |
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(2) notify the affected public retirement system of |
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the terms of a conviction ordered under Subdivision (1). |
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SECTION 4. Section 802.004, Government Code, as added by |
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this Act, applies only to an offense committed on or after the |
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effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 5. Section 12, Article 42.01, Code of Criminal |
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Procedure, and Article 42.0195, Code of Criminal Procedure, as |
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added by this Act, apply only to a judgment of conviction entered on |
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or after the effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2017. |