82R9824 SGA-D
By: Taylor of Collin H.B. No. 2653
A BILL TO BE ENTITLED
AN ACT
relating to the contractual revocation of pension benefits of
certain public employees convicted of an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 8, Government Code, is amended
by adding Chapter 807 to read as follows:
CHAPTER 807. CONTRACTUAL REVOCATION OF PENSION BENEFITS
Sec. 807.001. DEFINITIONS. In this chapter:
(1) "Employer" means a school district, municipality,
or county participating in a public retirement system.
(2) "Public retirement system" has the meaning
assigned by Section 804.001, except that the term does not include
the Employees Retirement System of Texas, the Judicial Retirement
System of Texas Plan One, or the Judicial Retirement System of Texas
Plan Two.
Sec. 807.002. EMPLOYMENT CONTRACT PENSION REVOCATION
POLICY AND PROVISION. (a) An employer, by rule, resolution, or
ordinance, may adopt a policy that provides for the inclusion of a
standard pension revocation provision in all employment contracts
of the employer that are signed on or after September 1, 2011.
(b) An employer that adopts a pension revocation policy
under Subsection (a) may include a standard provision in the
employer's employment contract that revokes a person's eligibility
to receive pension benefits provided by the retirement system in
which the employer participates if:
(1) the person, during the term of the contract, is
charged with an offense that is a first degree felony or another
offense specified in the contract; and
(2) the person is finally convicted of the offense.
(c) Except as provided by Section 807.005, a person who
signs an employment contract described by Subsection (b) and
becomes an employee of the employer forfeits the person's
eligibility to receive pension benefits under the retirement system
if:
(1) during the term of the contract, the person is
charged with an offense specified in the contract; and
(2) the person is finally convicted of the offense.
Sec. 807.003. INCLUDABLE OFFENSES. An employer's
employment contract may exclude first degree felonies or substitute
or add other offenses that, on conviction of the employee, may
result in the revocation of pension benefits. The other includable
offenses are:
(1) second degree, third degree, or state jail
felonies; or
(2) a misdemeanor involving moral turpitude.
Sec. 807.004. DETERMINATION OF REVOCATION PROVISION
APPLICABILITY. (a) An employer who includes a pension revocation
provision described by Section 807.002 in the employer's employment
contract shall designate in the contract the person responsible for
determining if:
(1) the revocation clause applies to a particular
employee convicted of an offense; and
(2) the employee forfeits the employee's eligibility
for pension benefits.
(b) The person designated under Subsection (a) may be:
(1) the public retirement system's board of trustees;
(2) the employer;
(3) a court;
(4) a neutral third party; or
(5) another person trusted by the employer and
employee to make a fair decision.
Sec. 807.005. REINSTATEMENT OF PERSON AS ELIGIBLE FOR
BENEFITS. A person who forfeits eligibility to receive pension
benefits under Section 807.002 may be reinstated as eligible for
those benefits if the person would otherwise be eligible under the
rules of the public retirement system and the person:
(1) is found to be not guilty of the offense;
(2) 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
(3) meets either of the requirements for innocence
under Section 103.001(a)(2), Civil Practice and Remedies Code.
SECTION 2. This Act takes effect September 1, 2011.