| 1 | 1 | | 82R20855 SGA-F |
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| 2 | 2 | | By: Seliger, et al. S.B. No. 371 |
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| 3 | 3 | | (Johnson, Sheffield, Farrar, Crownover, Lucio III, et al.) |
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| 4 | 4 | | Substitute the following for S.B. No. 371: No. |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the eligibility for service retirement annuities of |
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| 10 | 10 | | certain elected officials convicted of certain crimes. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter B, Chapter 814, Government Code, is |
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| 13 | 13 | | amended by adding Section 814.1021 to read as follows: |
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| 14 | 14 | | Sec. 814.1021. CERTAIN ELECTED MEMBERS INELIGIBLE FOR |
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| 15 | 15 | | RETIREMENT ANNUITY. (a) In this section, "qualifying felony" |
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| 16 | 16 | | means any felony involving: |
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| 17 | 17 | | (1) bribery; |
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| 18 | 18 | | (2) the embezzlement, extortion, or other theft of |
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| 19 | 19 | | public money; |
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| 20 | 20 | | (3) perjury; or |
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| 21 | 21 | | (4) conspiracy or the attempt to commit any of the |
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| 22 | 22 | | above crimes. |
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| 23 | 23 | | (b) This section applies only to a member of the elected |
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| 24 | 24 | | class of the retirement system as described by Section |
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| 25 | 25 | | 812.002(a)(1) or (2). |
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| 26 | 26 | | (c) Except as provided by Subsection (d), a member is not |
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| 27 | 27 | | eligible to receive a service retirement annuity for service credit |
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| 28 | 28 | | in the elected class under the retirement system if the member is |
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| 29 | 29 | | convicted of a qualifying felony committed while in office and |
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| 30 | 30 | | arising directly from the official duties of that elected office. |
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| 31 | 31 | | (d) The retirement system shall suspend payments of an |
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| 32 | 32 | | annuity to a person ineligible to receive the annuity under |
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| 33 | 33 | | Subsection (c). A person whose conviction is overturned on appeal |
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| 34 | 34 | | or who meets either of the requirements for innocence under Section |
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| 35 | 35 | | 103.001(a)(2), Civil Practice and Remedies Code: |
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| 36 | 36 | | (1) is entitled to receive an amount equal to the |
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| 37 | 37 | | accrued total of payments and interest earned on the payments |
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| 38 | 38 | | withheld during the suspension period; and |
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| 39 | 39 | | (2) may resume receipt of annuity payments on payment |
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| 40 | 40 | | to the retirement system of an amount equal to the contributions |
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| 41 | 41 | | refunded to the person under Subsection (e). |
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| 42 | 42 | | (e) A member who is not eligible to receive a service |
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| 43 | 43 | | retirement annuity under Subsection (c) is entitled to a refund of |
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| 44 | 44 | | the member's retirement annuity contributions, including interest |
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| 45 | 45 | | earned on those contributions. |
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| 46 | 46 | | (f) Benefits payable to an alternate payee under Chapter 804 |
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| 47 | 47 | | who is recognized by a domestic relations order established before |
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| 48 | 48 | | September 1, 2011, are not affected by a member's ineligibility to |
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| 49 | 49 | | receive a retirement annuity under Subsection (c). |
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| 50 | 50 | | (g) Ineligibility for a retirement annuity under this |
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| 51 | 51 | | section does not impair a person's right to any other retirement |
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| 52 | 52 | | benefit for which the person is eligible. |
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| 53 | 53 | | (h) The board of trustees of the retirement system shall |
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| 54 | 54 | | adopt rules and procedures to implement this section. |
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| 55 | 55 | | SECTION 2. Article 6220, Revised Statutes, is repealed. |
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| 56 | 56 | | SECTION 3. (a) Section 814.1021, Government Code, as added |
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| 57 | 57 | | by this Act, applies only to a member of the Employees Retirement |
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| 58 | 58 | | System of Texas who is or was a member of the state legislature or |
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| 59 | 59 | | holds or has held a statewide elected office and, on or after the |
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| 60 | 60 | | effective date of this Act, commits an offense that is a qualifying |
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| 61 | 61 | | felony as defined by that section. A person who commits a |
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| 62 | 62 | | qualifying felony before the effective date of this Act is subject |
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| 63 | 63 | | to the law in effect on the date the offense was committed, and the |
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| 64 | 64 | | former law is continued in effect for that purpose. |
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| 65 | 65 | | (b) For purposes of this section, an offense was committed |
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| 66 | 66 | | before the effective date of this Act if any element of the offense |
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| 67 | 67 | | occurred before that date. |
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| 68 | 68 | | SECTION 4. This Act takes effect September 1, 2011. |
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