TX
Texas House Bill HB2289

Texas 2017 - 85th Regular

Texas House Bill HB2289 Compare Versions

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11 85R168 SGA-D
22 By: Rinaldi H.B. No. 2289
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the eligibility for service retirement annuities from
88 the Employees Retirement System of Texas or the Teacher Retirement
99 System of Texas of certain employees convicted of certain offenses.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Article 42.01, Code of Criminal Procedure, is
1212 amended by adding Section 12 to read as follows:
1313 Sec. 12. In addition to the information described by
1414 Section 1, the judgment should reflect affirmative findings entered
1515 pursuant to Article 42.0192.
1616 SECTION 2. Chapter 42, Code of Criminal Procedure, is
1717 amended by adding Article 42.0192 to read as follows:
1818 Art. 42.0192. FINDING REGARDING OFFENSE RELATED TO
1919 PERFORMANCE OF PUBLIC SERVICE. (a) In the trial of an offense
2020 described by Section 814.013 or 824.009, Government Code, the judge
2121 shall make an affirmative finding of fact and enter the affirmative
2222 finding in the judgment in the case if the judge determines that the
2323 offense committed was related to the defendant's employment
2424 described by Section 814.013(a) or Section 824.009(a), Government
2525 Code, while a member of the Employees Retirement System of Texas or
2626 the Teacher Retirement System of Texas.
2727 (b) A judge that makes the affirmative finding described by
2828 this article shall make the determination and enter the order
2929 required by Section 814.013(k) or 824.009(k), Government Code, as
3030 applicable.
3131 SECTION 3. Subchapter A, Chapter 814, Government Code, is
3232 amended by adding Section 814.013 to read as follows:
3333 Sec. 814.013. CERTAIN EMPLOYEES AND ANNUITANTS INELIGIBLE
3434 FOR RETIREMENT ANNUITY; RESUMPTION OR RESTORATION OF ELIGIBILITY.
3535 (a) This section applies only to a person who is a member or an
3636 annuitant of the retirement system and is or was an employee of the
3737 Texas Juvenile Justice Department in one of that department's
3838 institutional schools who, as defined by rule of the board of
3939 trustees, has or had regular, direct contact with students.
4040 (b) To the extent ordered by a court under Subsection (k), a
4141 person is not eligible to receive a full service retirement annuity
4242 from the retirement system if the person is finally convicted of an
4343 offense the victim of which is a student who is a minor and the
4444 offense:
4545 (1) arises from the person's employment described by
4646 Subsection (a) while a member of the retirement system; and
4747 (2) is punishable as a felony under the following
4848 sections of the Penal Code:
4949 (A) Section 15.01 (criminal attempt), Section
5050 15.02 (criminal conspiracy), Section 15.03 (criminal
5151 solicitation), or Section 15.031 (criminal solicitation of a
5252 minor);
5353 (B) Section 19.02 (murder), Section 19.03
5454 (capital murder), Section 19.04 (manslaughter), or Section 19.05
5555 (criminally negligent homicide);
5656 (C) Section 20.02 (unlawful restraint);
5757 (D) Section 20.03 (kidnapping) or Section 20.04
5858 (aggravated kidnapping);
5959 (E) Section 20.05 (smuggling of persons);
6060 (F) Section 20A.02 (trafficking of persons);
6161 (G) Section 21.02 (continuous sexual abuse of
6262 young child or children);
6363 (H) Section 21.11 (indecency with a child);
6464 (I) Section 21.12 (improper relationship between
6565 educator and student);
6666 (J) Section 22.01 (assault);
6767 (K) Section 22.011 (sexual assault) or Section
6868 22.021 (aggravated sexual assault);
6969 (L) Section 22.04 (injury to a child, elderly
7070 individual, or disabled individual);
7171 (M) Section 22.041 (abandoning or endangering
7272 child);
7373 (N) Section 33.021 (online solicitation of a
7474 minor);
7575 (O) Section 43.05 (compelling prostitution);
7676 (P) Section 43.25 (sexual performance by a
7777 child); or
7878 (Q) Section 43.251 (employment harmful to
7979 children).
8080 (c) To the extent ordered by a court under Subsection (k),
8181 the retirement system shall suspend making full annuity payments to
8282 a person who is not eligible to receive a full service retirement
8383 annuity under Subsection (b) on receipt by the retirement system of
8484 notice and terms of the person's conviction.
8585 (d) The retirement system shall resume making full annuity
8686 payments if the person made ineligible for a full annuity under
8787 Subsection (b):
8888 (1) is subsequently found to be not guilty of the
8989 offense; or
9090 (2) meets the requirements for innocence under Section
9191 103.001(a)(2), Civil Practice and Remedies Code.
9292 (e) The retirement system as applicable shall:
9393 (1) for a person whose full annuity payments are
9494 resumed under Subsection (d), reimburse the person for any portion
9595 of the annuity payments withheld during a period of suspension; or
9696 (2) restore the full eligibility of a person convicted
9797 of an offense described by Subsection (b) to receive a service
9898 retirement annuity, including the restoration of all service
9999 credits accrued by the person before the conviction, if the person
100100 satisfies the condition under Subsection (d)(1) or (2).
101101 (f) Except as provided by Subsection (g), a person convicted
102102 of an offense described by Subsection (b) whose eligibility for a
103103 service retirement annuity is not fully restored under Subsection
104104 (e)(2) is eligible to accrue service credit toward a service
105105 retirement annuity from the retirement system if the person:
106106 (1) was placed on community supervision for the
107107 offense for which the person was convicted and:
108108 (A) successfully completed the period of
109109 community supervision; and
110110 (B) received a discharge and dismissal under
111111 Article 42A.701, Code of Criminal Procedure; or
112112 (2) was sentenced to serve a term of confinement in a
113113 penal institution for the offense for which the person was
114114 convicted and completely discharged the person's sentence,
115115 including any term of confinement and any period of parole or other
116116 form of conditional release.
117117 (g) In determining a person's eligibility for retirement
118118 benefits under Subsection (f), the retirement system may include
119119 only those service credits that were:
120120 (1) accrued by the person before the person's
121121 conviction for an offense described by Subsection (b) and remaining
122122 after conviction of the offense; or
123123 (2) earned after fulfilling the requirements under
124124 Subsection (f).
125125 (h) Except as provided by Subsection (i), a person who is
126126 not eligible to receive a full service retirement annuity under
127127 Subsection (b) is entitled to request and receive a refund of the
128128 person's retirement annuity contributions, not including any
129129 interest earned on those contributions. A person who accepts a
130130 refund under this subsection terminates the person's membership in
131131 the retirement system.
132132 (i) Benefits payable to an alternate payee under Chapter
133133 804, including a spouse or dependent child, are not affected by a
134134 person's ineligibility to receive a full service retirement annuity
135135 under Subsection (b).
136136 (j) The board of trustees shall adopt rules and procedures
137137 to implement this section.
138138 (k) A court shall:
139139 (1) determine and order as applicable for a person
140140 convicted of an offense described by Subsection (b) the amount by
141141 which the person's:
142142 (A) service retirement annuity payments are to be
143143 reduced; or
144144 (B) accrued service credits are to be reduced;
145145 and
146146 (2) notify the retirement system of the terms of a
147147 conviction ordered under Subdivision (1).
148148 SECTION 4. Subchapter A, Chapter 824, Government Code, is
149149 amended by adding Section 824.009 to read as follows:
150150 Sec. 824.009. CERTAIN EMPLOYEES AND ANNUITANTS INELIGIBLE
151151 FOR RETIREMENT ANNUITY; RESUMPTION OR RESTORATION OF ELIGIBILITY.
152152 (a) This section applies only to a person who is a member or an
153153 annuitant of the retirement system and is or was an employee who, as
154154 defined by rule of the board of trustees, has or had regular, direct
155155 contact with students.
156156 (b) To the extent ordered by a court under Subsection (k), a
157157 person is not eligible to receive a full service retirement annuity
158158 from the retirement system if the person is finally convicted of an
159159 offense the victim of which is a student who is a minor and the
160160 offense:
161161 (1) arises from the person's employment described by
162162 Subsection (a) while a member of the retirement system; and
163163 (2) is punishable as a felony under the following
164164 sections of the Penal Code:
165165 (A) Section 15.01 (criminal attempt), Section
166166 15.02 (criminal conspiracy), Section 15.03 (criminal
167167 solicitation), or Section 15.031 (criminal solicitation of a
168168 minor);
169169 (B) Section 19.02 (murder), Section 19.03
170170 (capital murder), Section 19.04 (manslaughter), or Section 19.05
171171 (criminally negligent homicide);
172172 (C) Section 20.02 (unlawful restraint);
173173 (D) Section 20.03 (kidnapping) or Section 20.04
174174 (aggravated kidnapping);
175175 (E) Section 20.05 (smuggling of persons);
176176 (F) Section 20A.02 (trafficking of persons);
177177 (G) Section 21.02 (continuous sexual abuse of
178178 young child or children);
179179 (H) Section 21.11 (indecency with a child);
180180 (I) Section 21.12 (improper relationship between
181181 educator and student);
182182 (J) Section 22.01 (assault);
183183 (K) Section 22.011 (sexual assault) or Section
184184 22.021 (aggravated sexual assault);
185185 (L) Section 22.04 (injury to a child, elderly
186186 individual, or disabled individual);
187187 (M) Section 22.041 (abandoning or endangering
188188 child);
189189 (N) Section 33.021 (online solicitation of a
190190 minor);
191191 (O) Section 43.05 (compelling prostitution);
192192 (P) Section 43.25 (sexual performance by a
193193 child); or
194194 (Q) Section 43.251 (employment harmful to
195195 children).
196196 (c) To the extent ordered by a court under Subsection (k),
197197 the retirement system shall suspend making full annuity payments to
198198 a person who is not eligible to receive a full service retirement
199199 annuity under Subsection (b) on receipt by the retirement system of
200200 notice and terms of the person's conviction.
201201 (d) The retirement system shall resume making full annuity
202202 payments if the person made ineligible for a full annuity under
203203 Subsection (b):
204204 (1) is subsequently found to be not guilty of the
205205 offense; or
206206 (2) meets the requirements for innocence under Section
207207 103.001(a)(2), Civil Practice and Remedies Code.
208208 (e) The retirement system as applicable shall:
209209 (1) for a person whose full annuity payments are
210210 resumed under Subsection (d), reimburse the person for any portion
211211 of the annuity payments withheld during a period of suspension; or
212212 (2) restore the full eligibility of a person convicted
213213 of an offense described by Subsection (b) to receive a service
214214 retirement annuity, including the restoration of all service
215215 credits accrued by the person before the conviction, if the person
216216 satisfies the condition under Subsection (d)(1) or (2).
217217 (f) Except as provided by Subsection (g), a person convicted
218218 of an offense described by Subsection (b) whose eligibility for a
219219 service retirement annuity is not fully restored under Subsection
220220 (e)(2) is eligible to accrue service credit toward a service
221221 retirement annuity from the retirement system if the person:
222222 (1) was placed on community supervision for the
223223 offense for which the person was convicted and:
224224 (A) successfully completed the period of
225225 community supervision; and
226226 (B) received a discharge and dismissal under
227227 Article 42A.701, Code of Criminal Procedure; or
228228 (2) was sentenced to serve a term of confinement in a
229229 penal institution for the offense for which the person was
230230 convicted and completely discharged the person's sentence,
231231 including any term of confinement and any period of parole or other
232232 form of conditional release.
233233 (g) In determining a person's eligibility for retirement
234234 benefits under Subsection (f), the retirement system may include
235235 only those service credits that were:
236236 (1) accrued by the person before the person's
237237 conviction for an offense described by Subsection (b) and remaining
238238 after conviction of the offense; or
239239 (2) earned after fulfilling the requirements under
240240 Subsection (f).
241241 (h) Except as provided by Subsection (i), a person who is
242242 not eligible to receive a full service retirement annuity under
243243 Subsection (b) is entitled to request and receive a refund of the
244244 person's retirement annuity contributions, not including any
245245 interest earned on those contributions. A person who accepts a
246246 refund under this subsection terminates the person's membership in
247247 the retirement system.
248248 (i) Benefits payable to an alternate payee under Chapter
249249 804, including a spouse or dependent child, are not affected by a
250250 person's ineligibility to receive a full service retirement annuity
251251 under Subsection (b).
252252 (j) The board of trustees shall adopt rules and procedures
253253 to implement this section.
254254 (k) A court shall:
255255 (1) determine and order as applicable for a person
256256 convicted of an offense described by Subsection (b) the amount by
257257 which the person's:
258258 (A) service retirement annuity payments are to be
259259 reduced; or
260260 (B) accrued service credits are to be reduced;
261261 and
262262 (2) notify the retirement system of the terms of a
263263 conviction ordered under Subdivision (1).
264264 SECTION 5. Sections 814.013 and 824.009, Government Code,
265265 as added by this Act, apply only to an offense committed on or after
266266 the effective date of rules adopted in accordance with Section 7 of
267267 this Act. An offense committed before that date is governed by the
268268 law in effect on the date the offense was committed, and the former
269269 law is continued in effect for that purpose. For purposes of this
270270 section, an offense was committed before the effective date of
271271 rules adopted in accordance with Section 7 of this Act if any
272272 element of the offense occurred before that date.
273273 SECTION 6. Section 12, Article 42.01, Code of Criminal
274274 Procedure, and Article 42.0192, Code of Criminal Procedure, as
275275 added by this Act, apply only to a judgment of conviction entered on
276276 or after the effective date of this Act.
277277 SECTION 7. (a) Not later than December 31, 2017, for the
278278 purposes of Section 814.013(a), Government Code, as added by this
279279 Act, the board of trustees of the Employees Retirement System of
280280 Texas by rule shall define which employee positions at the
281281 institutional schools of the Texas Juvenile Justice Department
282282 include regular, direct contact with students.
283283 (b) Not later than December 31, 2017, for the purposes of
284284 Section 824.009(a), Government Code, as added by this Act, the
285285 board of trustees of the Teacher Retirement System of Texas by rule
286286 shall define which employee positions include regular, direct
287287 contact with students.
288288 SECTION 8. This Act takes effect September 1, 2017.