By: Seliger, et al. S.B. No. 371
(In the Senate - Filed January 18, 2011; February 2, 2011,
read first time and referred to Committee on State Affairs;
March 28, 2011, reported favorably by the following vote: Yeas 7,
Nays 0; March 28, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility for service retirement annuities of
certain elected officials convicted of certain crimes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 814, Government Code, is amended by
adding Section 814.1021 to read as follows:
Sec. 814.1021. CERTAIN ELECTED MEMBERS INELIGIBLE FOR
RETIREMENT ANNUITY. (a) In this section, "qualifying felony"
means any felony involving:
(1) bribery;
(2) the embezzlement, extortion, or other theft of
public money;
(3) perjury; or
(4) conspiracy or the attempt to commit any of the
above crimes.
(b) This section applies only to a member of the elected
class of the retirement system as described by Section
812.002(a)(1) or (2).
(c) Except as provided by Subsection (d), a member is not
eligible to receive a service retirement annuity for service credit
in the elected class under the retirement system if the member is
convicted of a qualifying felony committed while in office and
arising directly from the official duties of that elected office.
(d) The retirement system shall suspend payments of an
annuity to a person ineligible to receive the annuity under
Subsection (c). A person whose conviction is overturned on appeal
or who meets either of the requirements for innocence under Section
103.001(a)(2), Civil Practice and Remedies Code, is entitled to
receive an amount equal to the accrued total of payments and
interest earned on the payments withheld during the suspension
period.
(e) A member who is not eligible to receive a service
retirement annuity under Subsection (c) is entitled to a refund of
the member's retirement annuity contributions, not including
interest earned on those contributions.
(f) Benefits payable to an alternate payee under Chapter 804
are not affected by a member's ineligibility to receive a
retirement annuity under Subsection (c).
(g) Ineligibility for a retirement annuity under this
section does not impair a person's right to any other retirement
benefit for which the person is eligible.
(h) The board of trustees of the retirement system shall
adopt rules and procedures to implement this section.
SECTION 2. Article 6220, Revised Statutes, is repealed.
SECTION 3. (a) Section 814.1021, Government Code, as added
by this Act, applies only to a member of the Employees Retirement
System of Texas who is or was a member of the state legislature or
holds or has held a statewide elected office and, on or after the
effective date of this Act, commits an offense that is a qualifying
felony as defined by that section. A person who commits a
qualifying felony before the effective date of this Act is subject
to the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose.
(b) For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 4. This Act takes effect September 1, 2011.
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