85R168 SGA-D
By: Rinaldi H.B. No. 2289
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility for service retirement annuities from
the Employees Retirement System of Texas or the Teacher Retirement
System of Texas of certain 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 42.0192.
SECTION 2. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.0192 to read as follows:
Art. 42.0192. FINDING REGARDING OFFENSE RELATED TO
PERFORMANCE OF PUBLIC SERVICE. (a) In the trial of an offense
described by Section 814.013 or 824.009, 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 employment
described by Section 814.013(a) or Section 824.009(a), Government
Code, while a member of the Employees Retirement System of Texas or
the Teacher Retirement System of Texas.
(b) A judge that makes the affirmative finding described by
this article shall make the determination and enter the order
required by Section 814.013(k) or 824.009(k), Government Code, as
applicable.
SECTION 3. Subchapter A, Chapter 814, Government Code, is
amended by adding Section 814.013 to read as follows:
Sec. 814.013. 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 the retirement system and is or was an employee of the
Texas Juvenile Justice Department in one of that department's
institutional schools who, as defined by rule of the board of
trustees, has or had regular, direct contact with students.
(b) To the extent ordered by a court under Subsection (k), a
person is not eligible to receive a full service retirement annuity
from the retirement system if the person is finally convicted of an
offense the victim of which is a student who is a minor and the
offense:
(1) arises from the person's employment described by
Subsection (a) while a member of the retirement system; and
(2) is punishable as a felony under the following
sections of the Penal Code:
(A) Section 15.01 (criminal attempt), Section
15.02 (criminal conspiracy), Section 15.03 (criminal
solicitation), or Section 15.031 (criminal solicitation of a
minor);
(B) Section 19.02 (murder), Section 19.03
(capital murder), Section 19.04 (manslaughter), or Section 19.05
(criminally negligent homicide);
(C) Section 20.02 (unlawful restraint);
(D) Section 20.03 (kidnapping) or Section 20.04
(aggravated kidnapping);
(E) Section 20.05 (smuggling of persons);
(F) Section 20A.02 (trafficking of persons);
(G) Section 21.02 (continuous sexual abuse of
young child or children);
(H) Section 21.11 (indecency with a child);
(I) Section 21.12 (improper relationship between
educator and student);
(J) Section 22.01 (assault);
(K) Section 22.011 (sexual assault) or Section
22.021 (aggravated sexual assault);
(L) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(M) Section 22.041 (abandoning or endangering
child);
(N) Section 33.021 (online solicitation of a
minor);
(O) Section 43.05 (compelling prostitution);
(P) Section 43.25 (sexual performance by a
child); or
(Q) Section 43.251 (employment harmful to
children).
(c) To the extent ordered by a court under Subsection (k),
the 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 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 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 the 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), the 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 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 board of trustees 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 retirement system of the terms of a
conviction ordered under Subdivision (1).
SECTION 4. Subchapter A, Chapter 824, Government Code, is
amended by adding Section 824.009 to read as follows:
Sec. 824.009. 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 the retirement system and is or was an employee who, as
defined by rule of the board of trustees, has or had regular, direct
contact with students.
(b) To the extent ordered by a court under Subsection (k), a
person is not eligible to receive a full service retirement annuity
from the retirement system if the person is finally convicted of an
offense the victim of which is a student who is a minor and the
offense:
(1) arises from the person's employment described by
Subsection (a) while a member of the retirement system; and
(2) is punishable as a felony under the following
sections of the Penal Code:
(A) Section 15.01 (criminal attempt), Section
15.02 (criminal conspiracy), Section 15.03 (criminal
solicitation), or Section 15.031 (criminal solicitation of a
minor);
(B) Section 19.02 (murder), Section 19.03
(capital murder), Section 19.04 (manslaughter), or Section 19.05
(criminally negligent homicide);
(C) Section 20.02 (unlawful restraint);
(D) Section 20.03 (kidnapping) or Section 20.04
(aggravated kidnapping);
(E) Section 20.05 (smuggling of persons);
(F) Section 20A.02 (trafficking of persons);
(G) Section 21.02 (continuous sexual abuse of
young child or children);
(H) Section 21.11 (indecency with a child);
(I) Section 21.12 (improper relationship between
educator and student);
(J) Section 22.01 (assault);
(K) Section 22.011 (sexual assault) or Section
22.021 (aggravated sexual assault);
(L) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(M) Section 22.041 (abandoning or endangering
child);
(N) Section 33.021 (online solicitation of a
minor);
(O) Section 43.05 (compelling prostitution);
(P) Section 43.25 (sexual performance by a
child); or
(Q) Section 43.251 (employment harmful to
children).
(c) To the extent ordered by a court under Subsection (k),
the 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 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 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 the 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), the 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 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 board of trustees 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 retirement system of the terms of a
conviction ordered under Subdivision (1).
SECTION 5. Sections 814.013 and 824.009, Government Code,
as added by this Act, apply only to an offense committed on or after
the effective date of rules adopted in accordance with Section 7 of
this Act. An offense committed before that date 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
rules adopted in accordance with Section 7 of this Act if any
element of the offense occurred before that date.
SECTION 6. Section 12, Article 42.01, Code of Criminal
Procedure, and Article 42.0192, 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 7. (a) Not later than December 31, 2017, for the
purposes of Section 814.013(a), Government Code, as added by this
Act, the board of trustees of the Employees Retirement System of
Texas by rule shall define which employee positions at the
institutional schools of the Texas Juvenile Justice Department
include regular, direct contact with students.
(b) Not later than December 31, 2017, for the purposes of
Section 824.009(a), Government Code, as added by this Act, the
board of trustees of the Teacher Retirement System of Texas by rule
shall define which employee positions include regular, direct
contact with students.
SECTION 8. This Act takes effect September 1, 2017.