Texas House Bill HB1273

Texas 2017 - 85th Regular

Caption

Relating to the effect of certain felony convictions of public elected officers.

Impact

The implications of HB 1273 are significant in that they reinforce the ethical standards expected from public officials. By disqualifying individuals from receiving retirement benefits upon conviction, the bill serves as a deterrent against public corruption, reflecting a desire to maintain trust in government institutions. This legislative measure modifies existing laws and provides a clearer framework for disqualifying elected officials who violate their oath through criminal activities associated with their duties.

Summary

House Bill 1273 addresses the ramifications of felony convictions among public elected officers in Texas. The bill introduces a new provision within the Government Code that stipulates members of the public retirement system who are elected officials will be ineligible to receive their service retirement annuity if they are convicted of specific felonies committed while in office. The qualifying felonies include serious offenses such as bribery, theft of public money, perjury, and abuse of official capacity, thereby aiming to uphold public integrity and accountability in elected positions.

Contention

Controversially, the bill has sparked debate regarding the balance between accountability and due process. Critics argue that such measures can lead to potential abuses, particularly concerning how 'qualifying felonies' are defined and enforced. Concerns have been raised that this could result in political maneuvering against opponents, effectively weaponizing the legislation. Additionally, there is anxiety about the treatment of officials whose convictions may be overturned on appeal, as the bill outlines provisions for the restoration of benefits under certain circumstances, which complicates the narrative of accountability.

Additional_provision

Alongside retirement benefits, the bill also specifies that when a member of the legislature or a state elected official is convicted of a felony, their office shall be deemed vacated immediately upon the finality of that conviction. This provision is critical as it prevents individuals convicted of serious crimes from continuing to serve in a public capacity, thus reinforcing the standards of conduct expected from state officials.