85R7472 TSR-D
By: Meyer H.B. No. 1746
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility for service retirement annuities from a
public retirement system of public officers or employees convicted
of certain offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.01, Code of Criminal Procedure, is
amended by adding Section 12 to read as follows:
Sec. 12. In addition to the information described by
Section 1, the judgment should reflect affirmative findings entered
pursuant to Article 42.0195.
SECTION 2. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.0195 to read as follows:
Art. 42.0195. FINDING REGARDING OFFENSE RELATED TO
PERFORMANCE OF PUBLIC SERVICE. (a) In the trial of an offense
described by Section 802.004, Government Code, the judge shall make
an affirmative finding of fact and enter the affirmative finding in
the judgment in the case if the judge determines that the offense
committed was related to the defendant's performance of public
service as a member of a public retirement system.
(b) A judge that makes the affirmative finding described by
this article shall make the determination and enter the order
required by Section 802.004(k), Government Code.
SECTION 3. Subchapter A, Chapter 802, Government Code, is
amended by adding Section 802.004 to read as follows:
Sec. 802.004. CERTAIN EMPLOYEES AND ANNUITANTS INELIGIBLE
FOR RETIREMENT ANNUITY; RESUMPTION OR RESTORATION OF ELIGIBILITY.
(a) This section applies only to a person who is a member or an
annuitant of a public retirement system and holds or has held an
elective office included in the coverage of that public retirement
system.
(b) To the extent ordered by a court under Subsection (k), a
person is not eligible to receive a full service retirement annuity
from a public retirement system if the person is finally convicted
of an offense that is related to the person's performance of public
service arising from the person's official duties as an elected
officer while a member of the retirement system and is:
(1) a felony; or
(2) punishable under Title 8, Penal Code, as a Class A
or Class B misdemeanor.
(c) To the extent ordered by a court under Subsection (k),
the public retirement system shall suspend making full annuity
payments to a person who is not eligible to receive a full service
retirement annuity under Subsection (b) on receipt by the
retirement system of notice and terms of the person's conviction.
(d) The public retirement system shall resume making full
annuity payments if the person made ineligible for a full annuity
under Subsection (b):
(1) is subsequently found to be not guilty of the
offense; or
(2) meets the requirements for innocence under Section
103.001(a)(2), Civil Practice and Remedies Code.
(e) The public retirement system as applicable shall:
(1) for a person whose full annuity payments are
resumed under Subsection (d), reimburse the person for any portion
of the annuity payments withheld during a period of suspension; or
(2) restore the full eligibility of a person convicted
of an offense described by Subsection (b) to receive a service
retirement annuity, including the restoration of all service
credits accrued by the person before the conviction, if the person
satisfies the condition under Subsection (d)(1) or (2).
(f) Except as provided by Subsection (g), a person convicted
of an offense described by Subsection (b) whose eligibility for a
service retirement annuity is not fully restored under Subsection
(e)(2) is eligible to accrue service credit toward a service
retirement annuity from a public retirement system if the person:
(1) was placed on community supervision for the
offense for which the person was convicted and:
(A) successfully completed the period of
community supervision; and
(B) received a discharge and dismissal under
Article 42A.701, Code of Criminal Procedure; or
(2) was sentenced to serve a term of confinement in a
penal institution for the offense for which the person was
convicted and completely discharged the person's sentence,
including any term of confinement and any period of parole or other
form of conditional release.
(g) In determining a person's eligibility for retirement
benefits under Subsection (f), a public retirement system may
include only those service credits that were:
(1) accrued by the person before the person's
conviction for an offense described by Subsection (b) and remaining
after conviction of the offense; or
(2) earned after fulfilling the requirements under
Subsection (f).
(h) Except as provided by Subsection (i), a person who is
not eligible to receive a full service retirement annuity under
Subsection (b) is entitled to request and receive a refund of the
person's retirement annuity contributions, not including any
interest earned on those contributions. A person who accepts a
refund under this subsection terminates the person's membership in
the public retirement system.
(i) Benefits payable to an alternate payee under Chapter
804, including a spouse or dependent child, are not affected by a
person's ineligibility to receive a full service retirement annuity
under Subsection (b).
(j) The governing body of a public retirement system shall
adopt rules and procedures to implement this section.
(k) A court shall:
(1) determine and order as applicable for a person
convicted of an offense described by Subsection (b) the amount by
which the person's:
(A) service retirement annuity payments are to be
reduced; or
(B) accrued service credits are to be reduced;
and
(2) notify the affected public retirement system of
the terms of a conviction ordered under Subdivision (1).
SECTION 4. Section 802.004, Government Code, as added by
this Act, applies only to an offense committed on or after the
effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose. 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 5. Section 12, Article 42.01, Code of Criminal
Procedure, and Article 42.0195, Code of Criminal Procedure, as
added by this Act, apply only to a judgment of conviction entered on
or after the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2017.