Texas 2011 - 82nd Regular

Texas House Bill HB2653

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the contractual revocation of pension benefits of certain public employees convicted of an offense.

Impact

If enacted, HB 2653 modifies the Texas Government Code by introducing Chapter 807, specifically focusing on pension revocation for public employees. It brings significant implications for public sector employment, as employers may now standardize employment contracts to include clauses that forfeit pension rights upon conviction of serious felonies or other specified offenses. This could lead to considerable changes in hiring practices and employee retention, as potential candidates may view this as a risk associated with public employment. Furthermore, it sets a precedent for contractual employment terms in the public sector, which may influence similar policies in other states.

Summary

House Bill 2653 addresses the issue of pension benefits for public employees who are convicted of certain offenses, specifically allowing employers to include a pension revocation provision in employment contracts. This bill empowers school districts, municipalities, and counties to adopt policies that would revoke a public employee's eligibility for pension benefits if they are charged and subsequently convicted of defined serious offenses during their employment. The policy is particularly aimed at maintaining integrity within public service roles and ensuring that those convicted of crimes do not benefit financially from their employment in public positions.

Sentiment

The sentiment surrounding HB 2653 appears to be leaning towards support for increased accountability among public employees, particularly in light of growing concerns regarding corruption and misconduct in public office. Proponents argue that this bill is necessary to ensure that public employees maintain a standard of conduct that reflects their roles in society. However, there are concerns from some civil liberty advocates who argue that this bill could lead to unfair penalties and impact an individual's livelihood based on criminal charges that may not result in conviction. The sentiment is thus mixed, highlighting a balance between accountability and fair treatment.

Contention

Notable points of contention regarding the bill involve the potential scope of offenses that could lead to pension revocation and the implications for due process. Critics point out that the bill expands the scope of offenses subject to pension revocation beyond serious felonies, including misdemeanors involving moral turpitude. This could lead to disproportionate penalties, especially if an employee is charged with an offense that does not lead to conviction. Furthermore, concerns have been raised regarding the determination of the applicability of the revocation provision and who will be responsible for that decision, suggesting that a lack of clarity in these areas could lead to inconsistencies and potential abuse of the policy.

Companion Bills

No companion bills found.

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