By: Taylor of Collin S.B. No. 653
(Davis of Harris)
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain employees or annuitants
convicted of certain felony 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(b) or Section 824.009(b), Government
Code, while a member of the Employees Retirement System of Texas or
the Teacher Retirement System of Texas.
(b) A judge who makes the affirmative finding described by
this article shall make the determination and provide the notice
required by Section 814.013(l) or 824.009(l), 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) In this section, "qualifying felony" means an offense that is
punishable as a felony under the following sections of the Penal
Code, or a federal offense that contains elements that are
substantially similar to the elements of a listed felony offense:
(1) Section 15.01 (criminal attempt), Section 15.02
(criminal conspiracy), Section 15.03 (criminal solicitation), or
Section 15.031 (criminal solicitation of a minor);
(2) Section 19.02 (murder), Section 19.03 (capital
murder), Section 19.04 (manslaughter), or Section 19.05
(criminally negligent homicide);
(3) Section 20.02 (unlawful restraint);
(4) Section 20.03 (kidnapping) or Section 20.04
(aggravated kidnapping);
(5) Section 20.05 (smuggling of persons);
(6) Section 20A.02 (trafficking of persons);
(7) Section 21.02 (continuous sexual abuse of young
child or children);
(8) Section 21.11 (indecency with a child);
(9) Section 21.12 (improper relationship between
educator and student);
(10) Section 22.01 (assault);
(11) Section 22.011 (sexual assault) or Section 22.021
(aggravated sexual assault);
(12) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(13) Section 22.041 (abandoning or endangering
child);
(14) Section 33.021 (online solicitation of a minor);
(15) Section 43.05 (compelling prostitution);
(16) Section 43.25 (sexual performance by a child);
(17) Section 43.251 (employment harmful to children);
or
(18) Section 43.26 (possession or promotion of child
pornography).
(b) 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.
(c) Except as provided by Subsection (e), a person is not
eligible to receive a service retirement annuity from the
retirement system if the person is convicted of a qualifying felony
the victim of which is a student.
(d) The retirement system shall suspend payments of an
annuity to a person who is not eligible to receive a service
retirement annuity under Subsection (c), as determined by the
retirement system, on receipt by the retirement system of:
(1) notice of a conviction for a qualifying felony
under Subsection (f) or (l);
(2) notice of a conviction for a qualifying felony
from a district court or district attorney; or
(3) any other information the retirement system
determines by rule is sufficient to establish a conviction for a
qualifying felony.
(e) A person whose conviction is overturned on appeal or who
meets the requirements for innocence under Section 103.001(a)(2),
Civil Practice and Remedies Code:
(1) is entitled to receive an amount equal to the
accrued total of payments and interest earned on the payments
withheld during the suspension period; and
(2) may resume receipt of annuity payments on payment
to the retirement system of an amount equal to the contributions
refunded to the person under Subsection (g).
(f) Not later than the 30th day after the date of a person's
conviction for a qualifying felony, the school at which the person
was employed shall provide written notice of the conviction to the
retirement system. The notice must comply with rules adopted by the
board of trustees under Subsection (k).
(g) A person who is not eligible to receive a service
retirement annuity under Subsection (c) is entitled to a refund of
the person's retirement annuity contributions, including interest
earned on those contributions.
(h) Benefits payable to an alternate payee under Chapter 804
who is recognized by a domestic relations order established before
September 1, 2017, are not affected by a person's ineligibility to
receive a retirement annuity under Subsection (c).
(i) On conviction of a person for a qualifying felony, a
court may, in the interest of justice and in the same manner as in a
divorce proceeding, award half of the service retirement annuity
forfeited by the person as the separate property of an innocent
spouse if the annuity is partitioned or exchanged by written
agreement of the spouses as provided by Subchapter B, Chapter 4,
Family Code. The amount awarded to the innocent spouse may not be
converted to community property.
(j) Ineligibility for a retirement annuity under this
section does not impair a person's right to any other retirement
benefit for which the person is eligible.
(k) The board of trustees of the retirement system shall
adopt rules and procedures to implement this section.
(l) A court shall notify the retirement system of the terms
of a person's conviction for a qualifying felony.
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) In this section, "qualifying felony" means an offense that is
punishable as a felony under the following sections of the Penal
Code, or a federal offense that contains elements that are
substantially similar to the elements of a listed felony offense:
(1) Section 15.01 (criminal attempt), Section 15.02
(criminal conspiracy), Section 15.03 (criminal solicitation), or
Section 15.031 (criminal solicitation of a minor);
(2) Section 19.02 (murder), Section 19.03 (capital
murder), Section 19.04 (manslaughter), or Section 19.05
(criminally negligent homicide);
(3) Section 20.02 (unlawful restraint);
(4) Section 20.03 (kidnapping) or Section 20.04
(aggravated kidnapping);
(5) Section 20.05 (smuggling of persons);
(6) Section 20A.02 (trafficking of persons);
(7) Section 21.02 (continuous sexual abuse of young
child or children);
(8) Section 21.11 (indecency with a child);
(9) Section 21.12 (improper relationship between
educator and student);
(10) Section 22.01 (assault);
(11) Section 22.011 (sexual assault) or Section 22.021
(aggravated sexual assault);
(12) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(13) Section 22.041 (abandoning or endangering
child);
(14) Section 33.021 (online solicitation of a minor);
(15) Section 43.05 (compelling prostitution);
(16) Section 43.25 (sexual performance by a child);
(17) Section 43.251 (employment harmful to children);
or
(18) Section 43.26 (possession or promotion of child
pornography).
(b) 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 public school system.
(c) Except as provided by Subsection (e), a person is not
eligible to receive a service retirement annuity from the
retirement system if the person is convicted of a qualifying felony
the victim of which is a student.
(d) The retirement system shall suspend payments of an
annuity to a person who is not eligible to receive a service
retirement annuity under Subsection (c), as determined by the
retirement system, on receipt by the retirement system of:
(1) notice of a conviction for a qualifying felony
under Subsection (f) or (l);
(2) notice of a conviction for a qualifying felony
from a district court or district attorney; or
(3) any other information the retirement system
determines by rule is sufficient to establish a conviction for a
qualifying felony.
(e) A person whose conviction is overturned on appeal or who
meets the requirements for innocence under Section 103.001(a)(2),
Civil Practice and Remedies Code:
(1) is entitled to receive an amount equal to the
accrued total of payments and interest earned on the payments
withheld during the suspension period; and
(2) may resume receipt of annuity payments on payment
to the retirement system of an amount equal to the contributions
refunded to the person under Subsection (g).
(f) Not later than the 30th day after the date of a person's
conviction for a qualifying felony, the school at which the person
was employed shall provide written notice of the conviction to the
retirement system. The notice must comply with rules adopted by the
board of trustees under Subsection (k).
(g) A person who is not eligible to receive a service
retirement annuity under Subsection (c) is entitled to a refund of
the person's retirement annuity contributions, including interest
earned on those contributions.
(h) Benefits payable to an alternate payee under Chapter 804
who is recognized by a domestic relations order established before
September 1, 2017, are not affected by a person's ineligibility to
receive a retirement annuity under Subsection (c).
(i) On conviction of a person for a qualifying felony, a
court may, in the interest of justice and in the same manner as in a
divorce proceeding, award half of the service retirement annuity
forfeited by the person as the separate property of an innocent
spouse if the annuity is partitioned or exchanged by written
agreement of the spouses as provided by Subchapter B, Chapter 4,
Family Code. The amount awarded to the innocent spouse may not be
converted to community property.
(j) Ineligibility for a retirement annuity under this
section does not impair a person's right to any other retirement
benefit for which the person is eligible.
(k) The board of trustees of the retirement system shall
adopt rules and procedures to implement this section.
(l) A court shall notify the retirement system of the terms
of a person's conviction of a qualifying felony.
SECTION 5. 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 6. (a) Not later than December 31, 2017, the board
of trustees of the Employees Retirement System of Texas shall adopt
the rules necessary to implement Section 814.013, Government Code,
as added by this Act.
(b) Not later than December 31, 2017, the board of trustees
of the Teacher Retirement System of Texas shall adopt the rules
necessary to implement Section 824.009, Government Code, as added
by this Act.
SECTION 7. 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 those
sections. 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 Sections 814.013 and 824.009,
Government Code, as added by this Act, if any element of the offense
occurred before that date.
SECTION 8. This Act takes effect September 1, 2017.