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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 was elected |
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or appointed to an 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, on receipt of notice of a |
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conviction under Subsection (e) or (k), any similar notice of a |
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conviction of a qualifying felony from a United States district |
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court or United States attorney, or any other information that the |
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retirement system determines by rule is sufficient to establish a |
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conviction of a qualifying felony, shall suspend payments of a |
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service retirement annuity to a person the system determines is |
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ineligible to receive the annuity under Subsection (c). A person |
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whose conviction is overturned on appeal or who meets the |
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requirements for innocence under Section 103.001(a)(2), Civil |
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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 (f). |
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(e) Not later than the 30th day after the conviction of a |
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person of a qualifying felony, the governmental entity to which the |
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person was elected or appointed must provide written notice of the |
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conviction to the public retirement system in which the person is |
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enrolled. The notice must comply with the administrative rules |
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adopted by the public retirement system under Subsection (j). |
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(f) 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. A refund under this |
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subsection is subject to an award of all or part of the member's |
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service retirement annuity contributions to a former spouse, |
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including as a just and right division of the contributions on |
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divorce, payment of child support, or payment of spousal |
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maintenance or contractual alimony or other order of a court. |
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(g) Benefits payable to an alternate payee under Chapter 804 |
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who is recognized by a qualified domestic relations order |
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established before the effective date of this subsection are not |
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affected by a member's ineligibility to receive a service |
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retirement annuity under Subsection (c). |
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(h) On conviction of a member for a qualifying felony: |
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(1) a court may, in the same manner as in a divorce or |
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annulment proceeding, make a just and right division of the |
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member's service retirement annuity by awarding to the member's |
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spouse all or part of the community property interest in the annuity |
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forfeited by the member; and |
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(2) a court shall, if the member's service retirement |
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annuity was partitioned or exchanged by written agreement of the |
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spouses as provided by Subchapter B, Chapter 4, Family Code, before |
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the member's commission of the offense, award the annuity forfeited |
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by the member to the member's spouse as provided in the agreement. |
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(i) 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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(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 notify the retirement system of the terms |
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of a conviction of a person convicted of an offense described by |
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Subsection (c). |
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(l) Notwithstanding any other provision of this section, if |
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the spouse of a member convicted of a qualifying felony is convicted |
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of the felony as a party to the offense as defined by Section 7.01, |
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Penal Code, or of another qualifying offense arising out of the same |
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criminal episode as defined by Section 3.01, Penal Code, the spouse |
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forfeits the member's service retirement annuity and service |
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retirement contributions to the same extent as the member. |
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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. 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 42.0196. |
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SECTION 4. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.0196 to read as follows: |
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Art. 42.0196. 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 810.002, 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 defendant |
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is: |
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(1) a member of the elected class described by Section |
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810.002(b)(1), Government Code, while a member of the Employees |
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Retirement System of Texas; or |
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(2) a holder of an elected office for which the |
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defendant wholly or partly became eligible for membership in a |
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public retirement system. |
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(b) A judge who makes the affirmative finding described by |
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this article shall make the determination and provide the notice |
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required by Section 810.002(k), Government Code. |
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SECTION 5. 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 6. 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 500 passed the Senate on |
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February 8, 2017, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendments on May 22, 2017, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 500 passed the House, with |
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amendments, on May 15, 2017, by the following vote: Yeas 141, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |