82R6854 SGA-D
By: Taylor of Collin H.B. No. 1085
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility for service retirement annuities from
the Employees Retirement System of Texas of certain public officers
and employees convicted of serious crimes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.14021 to read as follows:
Sec. 411.14021. ACCESS TO MEMBER OR ANNUITANT CRIMINAL
HISTORY RECORD INFORMATION: EMPLOYEES RETIREMENT SYSTEM OF TEXAS.
(a) In this section, "retirement system" means the Employees
Retirement System of Texas.
(b) The retirement system is entitled to obtain from the
department criminal history record information maintained by the
department that relates to a person who is a member or an annuitant
of the retirement system. The retirement system is not required to
pay a fee under Section 411.088 to obtain the criminal history
record information.
(c) Criminal history record information obtained by the
retirement system under Subsection (b) may be used only to evaluate
a person's eligibility to receive a retirement annuity under
Section 814.0045.
(d) The retirement system may not release or disclose
information obtained under Subsection (b) except on court order or
with the consent of the person who is the subject of the criminal
history record information.
(e) Not later than the 180th day after the date of receipt of
criminal history record information obtained under Subsection (b)
about a person, the retirement system shall destroy the
information.
SECTION 2. Subchapter A, Chapter 814, Government Code, is
amended by adding Section 814.0045 to read as follows:
Sec. 814.0045. CERTAIN STATE EMPLOYEES AND ANNUITANTS
INELIGIBLE FOR RETIREMENT ANNUITY. (a) In this section, "serious
crime" means malfeasance or an offense involving moral turpitude.
(b) A person who is a member or an annuitant of the
retirement system is not eligible to receive a service retirement
annuity under this chapter if the person is:
(1) finally convicted of a felony; or
(2) finally convicted of a serious crime related to
the person's performance of membership service.
(c) The retirement system shall suspend annuity payments to
a person who is impeached, arrested, or indicted for a reason that
may result in the person's ineligibility for a service retirement
annuity under Subsection (b). The system shall resume making
annuity payments, including all payments suspended under this
subsection, if, as applicable:
(1) the person is found to be not guilty of the
offense;
(2) the charges against the person are dropped;
(3) impeachment proceedings do not result in the
person's removal from office;
(4) the person would be entitled to have records and
files related to the person's arrest or indictment expunged under
Article 55.01, Code of Criminal Procedure; or
(5) the person meets either of the requirements for
innocence under Section 103.001(a)(2), Civil Practice and Remedies
Code.
(d) Except as provided by Subsection (e), a person who is
not eligible to receive a service retirement annuity under
Subsection (b) is entitled to a refund of the person's retirement
annuity contributions, not including any interest earned on those
contributions.
(e) Benefits payable to an alternate payee under Chapter 804
are not affected by a person's ineligibility to receive a
retirement annuity under Subsection (b).
(f) The board of trustees shall determine if an offense was
committed in the conduct of the member's duties as a member of the:
(1) elected class; or
(2) employee class.
(g) The board of trustees shall adopt rules and procedures
to implement this section.
(h) The board of trustees may adopt rules providing for
obtaining criminal history record information under Section
411.14021.
(i) A court or governmental body shall make a good faith
effort to notify the retirement system of the arrest, indictment,
conviction, or impeachment of a person whose service retirement
annuity payments are required to be suspended under this section or
who is ineligible under this section to receive service retirement
annuity payments.
SECTION 3. Article 6220, Revised Statutes, is repealed.
SECTION 4. Section 814.0045, Government Code, as added by
this Act, applies only to a member or annuitant of the Employees
Retirement System of Texas who, on or after the effective date of
this Act, is removed from office by impeachment or arrested or
indicted for an offense described by that section.
SECTION 5. This Act takes effect September 1, 2011.