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A BILL TO BE ENTITLED
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AN ACT
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relating to the ineligibility of educators or certain other school |
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personnel for benefits from certain public retirement systems |
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because of a conviction for an offense the victim of which is a |
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student. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 814, Government Code, is |
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amended by adding Section 814.013 to read as follows: |
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Sec. 814.013. 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 the retirement system and is or was an employee of the |
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Texas Juvenile Justice Department in one of that department's |
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institutional schools who, as defined by rule of the board of |
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trustees, has or had regular, direct contact with students. |
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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 the retirement system if the person is finally convicted of an |
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offense the victim of which is a student who is a minor and the |
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offense: |
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(1) arises from the person's employment described by |
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Subsection (a) while a member of the retirement system; and |
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(2) is punishable as a felony under the following |
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sections of the Penal Code: |
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(A) Section 15.01 (criminal attempt), Section |
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15.02 (criminal conspiracy), Section 15.03 (criminal |
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solicitation), or Section 15.031 (criminal solicitation of a |
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minor); |
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(B) Section 19.02 (murder), Section 19.03 |
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(capital murder), Section 19.04 (manslaughter), or Section 19.05 |
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(criminally negligent homicide); |
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(C) Section 20.02 (unlawful restraint); |
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(D) Section 20.03 (kidnapping) or Section 20.04 |
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(aggravated kidnapping); |
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(E) Section 20.05 (smuggling of persons); |
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(F) Section 20A.02 (trafficking of persons); |
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(G) Section 21.02 (continuous sexual abuse of |
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young child or children); |
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(H) Section 21.11 (indecency with a child); |
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(I) Section 21.12 (improper relationship between |
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educator and student); |
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(J) Section 22.01 (assault); |
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(K) Section 22.011 (sexual assault) or Section |
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22.021 (aggravated sexual assault); |
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(L) Section 22.04 (injury to a child, elderly |
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individual, or disabled individual); |
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(M) Section 22.041 (abandoning or endangering |
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child); |
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(N) Section 33.021 (online solicitation of a |
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minor); |
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(O) Section 43.05 (compelling prostitution); |
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(P) Section 43.25 (sexual performance by a |
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child); or |
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(Q) Section 43.251 (employment harmful to |
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children). |
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(c) To the extent ordered by a court under Subsection (k), |
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the retirement system shall suspend making full annuity payments to |
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a person who is not eligible to receive a full service retirement |
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annuity under Subsection (b) on receipt by the retirement system of |
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notice and the terms of the person's conviction. |
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(d) The retirement system shall resume making full annuity |
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payments if the person made ineligible for a full annuity under |
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Subsection (b) is: |
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(1) subsequently found to be not guilty of the |
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offense; or |
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(2) entitled to compensation under Section |
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103.001(a)(2), Civil Practice and Remedies Code. |
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(e) The 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 the 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), the retirement system may include |
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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 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 board of trustees may adopt rules and procedures to |
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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 retirement system of the terms of a |
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conviction ordered under Subdivision (1). |
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SECTION 2. Subchapter A, Chapter 824, Government Code, is |
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amended by adding Section 824.009 to read as follows: |
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Sec. 824.009. 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 |
|
|
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. |
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|
(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); |
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|
(B) Section 19.02 (murder), Section 19.03 |
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|
(capital murder), Section 19.04 (manslaughter), or Section 19.05 |
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|
(criminally negligent homicide); |
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|
(C) Section 20.02 (unlawful restraint); |
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|
(D) Section 20.03 (kidnapping) or Section 20.04 |
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(aggravated kidnapping); |
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(E) Section 20.05 (smuggling of persons); |
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(F) Section 20A.02 (trafficking of persons); |
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(G) Section 21.02 (continuous sexual abuse of |
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young child or children); |
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|
(H) Section 21.11 (indecency with a child); |
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|
(I) Section 21.12 (improper relationship between |
|
|
educator and student); |
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(J) Section 22.01 (assault); |
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|
(K) Section 22.011 (sexual assault) or Section |
|
|
22.021 (aggravated sexual assault); |
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|
(L) Section 22.04 (injury to a child, elderly |
|
|
individual, or disabled individual); |
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|
(M) Section 22.041 (abandoning or endangering |
|
|
child); |
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|
(N) Section 33.021 (online solicitation of a |
|
|
minor); |
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(O) Section 43.05 (compelling prostitution); |
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|
(P) Section 43.25 (sexual performance by a |
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|
child); or |
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|
(Q) Section 43.251 (employment harmful to |
|
|
children). |
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|
(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 the 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) is: |
|
|
(1) subsequently found to be not guilty of the |
|
|
offense; or |
|
|
(2) entitled to compensation 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 |
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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 |
|
|
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 |
|
|
Article 42A.701, 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 |
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|
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 may 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 |
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|
(2) notify the retirement system of the terms of a |
|
|
conviction ordered under Subdivision (1). |
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|
SECTION 3. Sections 814.013 and 824.009, Government Code, |
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as added by this Act, apply only to an offense committed on or after |
|
|
the effective date of rules adopted in accordance with Section 4 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 |
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section, an offense was committed before the effective date of |
|
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rules adopted in accordance with Section 4 of this Act if any |
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element of the offense occurred before that date. |
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SECTION 4. (a) Not later than December 31, 2017, for the |
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purposes of Section 814.013(a), Government Code, as added by this |
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Act, the board of trustees of the Employees Retirement System of |
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Texas by rule shall define which employee positions at the |
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institutional schools of the Texas Juvenile Justice Department |
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|
include regular, direct contact with students. |
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(b) Not later than December 31, 2017, for the purposes of |
|
|
Section 824.009(a), Government Code, as added by this Act, the |
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board of trustees of the Teacher Retirement System of Texas by rule |
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shall define which employee positions include regular, direct |
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contact with students. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
|
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Act does not receive the vote necessary for immediate effect, this |
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|
Act takes effect September 1, 2017. |