TX
Texas Senate Bill SB653

Texas 2017 - 85th Regular

Texas Senate Bill SB653 Compare Versions

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11 By: Taylor of Collin S.B. No. 653
22 (Davis of Harris)
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the eligibility of certain employees or annuitants
88 convicted of certain felony offenses.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Article 42.01, Code of Criminal Procedure, is
1111 amended by adding Section 12 to read as follows:
1212 Sec. 12. In addition to the information described by
1313 Section 1, the judgment should reflect affirmative findings entered
1414 pursuant to Article 42.0192.
1515 SECTION 2. Chapter 42, Code of Criminal Procedure, is
1616 amended by adding Article 42.0192 to read as follows:
1717 Art. 42.0192. FINDING REGARDING OFFENSE RELATED TO
1818 PERFORMANCE OF PUBLIC SERVICE. (a) In the trial of an offense
1919 described by Section 814.013 or 824.009, Government Code, the judge
2020 shall make an affirmative finding of fact and enter the affirmative
2121 finding in the judgment in the case if the judge determines that the
2222 offense committed was related to the defendant's employment
2323 described by Section 814.013(b) or Section 824.009(b), Government
2424 Code, while a member of the Employees Retirement System of Texas or
2525 the Teacher Retirement System of Texas.
2626 (b) A judge who makes the affirmative finding described by
2727 this article shall make the determination and provide the notice
2828 required by Section 814.013(l) or 824.009(l), Government Code, as
2929 applicable.
3030 SECTION 3. Subchapter A, Chapter 814, Government Code, is
3131 amended by adding Section 814.013 to read as follows:
3232 Sec. 814.013. CERTAIN EMPLOYEES AND ANNUITANTS INELIGIBLE
3333 FOR RETIREMENT ANNUITY; RESUMPTION OR RESTORATION OF ELIGIBILITY.
3434 (a) In this section, "qualifying felony" means an offense that is
3535 punishable as a felony under the following sections of the Penal
3636 Code, or a federal offense that contains elements that are
3737 substantially similar to the elements of a listed felony offense:
3838 (1) Section 15.01 (criminal attempt), Section 15.02
3939 (criminal conspiracy), Section 15.03 (criminal solicitation), or
4040 Section 15.031 (criminal solicitation of a minor);
4141 (2) Section 19.02 (murder), Section 19.03 (capital
4242 murder), Section 19.04 (manslaughter), or Section 19.05
4343 (criminally negligent homicide);
4444 (3) Section 20.02 (unlawful restraint);
4545 (4) Section 20.03 (kidnapping) or Section 20.04
4646 (aggravated kidnapping);
4747 (5) Section 20.05 (smuggling of persons);
4848 (6) Section 20A.02 (trafficking of persons);
4949 (7) Section 21.02 (continuous sexual abuse of young
5050 child or children);
5151 (8) Section 21.11 (indecency with a child);
5252 (9) Section 21.12 (improper relationship between
5353 educator and student);
5454 (10) Section 22.01 (assault);
5555 (11) Section 22.011 (sexual assault) or Section 22.021
5656 (aggravated sexual assault);
5757 (12) Section 22.04 (injury to a child, elderly
5858 individual, or disabled individual);
5959 (13) Section 22.041 (abandoning or endangering
6060 child);
6161 (14) Section 33.021 (online solicitation of a minor);
6262 (15) Section 43.05 (compelling prostitution);
6363 (16) Section 43.25 (sexual performance by a child);
6464 (17) Section 43.251 (employment harmful to children);
6565 or
6666 (18) Section 43.26 (possession or promotion of child
6767 pornography).
6868 (b) This section applies only to a person who is a member or
6969 an annuitant of the retirement system and is or was an employee of
7070 the Texas Juvenile Justice Department in one of that department's
7171 institutional schools.
7272 (c) Except as provided by Subsection (e), a person is not
7373 eligible to receive a service retirement annuity from the
7474 retirement system if the person is convicted of a qualifying felony
7575 the victim of which is a student.
7676 (d) The retirement system shall suspend payments of an
7777 annuity to a person who is not eligible to receive a service
7878 retirement annuity under Subsection (c), as determined by the
7979 retirement system, on receipt by the retirement system of:
8080 (1) notice of a conviction for a qualifying felony
8181 under Subsection (f) or (l);
8282 (2) notice of a conviction for a qualifying felony
8383 from a district court or district attorney; or
8484 (3) any other information the retirement system
8585 determines by rule is sufficient to establish a conviction for a
8686 qualifying felony.
8787 (e) A person whose conviction is overturned on appeal or who
8888 meets the requirements for innocence under Section 103.001(a)(2),
8989 Civil Practice and Remedies Code:
9090 (1) is entitled to receive an amount equal to the
9191 accrued total of payments and interest earned on the payments
9292 withheld during the suspension period; and
9393 (2) may resume receipt of annuity payments on payment
9494 to the retirement system of an amount equal to the contributions
9595 refunded to the person under Subsection (g).
9696 (f) Not later than the 30th day after the date of a person's
9797 conviction for a qualifying felony, the school at which the person
9898 was employed shall provide written notice of the conviction to the
9999 retirement system. The notice must comply with rules adopted by the
100100 board of trustees under Subsection (k).
101101 (g) A person who is not eligible to receive a service
102102 retirement annuity under Subsection (c) is entitled to a refund of
103103 the person's retirement annuity contributions, including interest
104104 earned on those contributions.
105105 (h) Benefits payable to an alternate payee under Chapter 804
106106 who is recognized by a domestic relations order established before
107107 September 1, 2017, are not affected by a person's ineligibility to
108108 receive a retirement annuity under Subsection (c).
109109 (i) On conviction of a person for a qualifying felony, a
110110 court may, in the interest of justice and in the same manner as in a
111111 divorce proceeding, award half of the service retirement annuity
112112 forfeited by the person as the separate property of an innocent
113113 spouse if the annuity is partitioned or exchanged by written
114114 agreement of the spouses as provided by Subchapter B, Chapter 4,
115115 Family Code. The amount awarded to the innocent spouse may not be
116116 converted to community property.
117117 (j) Ineligibility for a retirement annuity under this
118118 section does not impair a person's right to any other retirement
119119 benefit for which the person is eligible.
120120 (k) The board of trustees of the retirement system shall
121121 adopt rules and procedures to implement this section.
122122 (l) A court shall notify the retirement system of the terms
123123 of a person's conviction for a qualifying felony.
124124 SECTION 4. Subchapter A, Chapter 824, Government Code, is
125125 amended by adding Section 824.009 to read as follows:
126126 Sec. 824.009. CERTAIN EMPLOYEES AND ANNUITANTS INELIGIBLE
127127 FOR RETIREMENT ANNUITY; RESUMPTION OR RESTORATION OF ELIGIBILITY.
128128 (a) In this section, "qualifying felony" means an offense that is
129129 punishable as a felony under the following sections of the Penal
130130 Code, or a federal offense that contains elements that are
131131 substantially similar to the elements of a listed felony offense:
132132 (1) Section 15.01 (criminal attempt), Section 15.02
133133 (criminal conspiracy), Section 15.03 (criminal solicitation), or
134134 Section 15.031 (criminal solicitation of a minor);
135135 (2) Section 19.02 (murder), Section 19.03 (capital
136136 murder), Section 19.04 (manslaughter), or Section 19.05
137137 (criminally negligent homicide);
138138 (3) Section 20.02 (unlawful restraint);
139139 (4) Section 20.03 (kidnapping) or Section 20.04
140140 (aggravated kidnapping);
141141 (5) Section 20.05 (smuggling of persons);
142142 (6) Section 20A.02 (trafficking of persons);
143143 (7) Section 21.02 (continuous sexual abuse of young
144144 child or children);
145145 (8) Section 21.11 (indecency with a child);
146146 (9) Section 21.12 (improper relationship between
147147 educator and student);
148148 (10) Section 22.01 (assault);
149149 (11) Section 22.011 (sexual assault) or Section 22.021
150150 (aggravated sexual assault);
151151 (12) Section 22.04 (injury to a child, elderly
152152 individual, or disabled individual);
153153 (13) Section 22.041 (abandoning or endangering
154154 child);
155155 (14) Section 33.021 (online solicitation of a minor);
156156 (15) Section 43.05 (compelling prostitution);
157157 (16) Section 43.25 (sexual performance by a child);
158158 (17) Section 43.251 (employment harmful to children);
159159 or
160160 (18) Section 43.26 (possession or promotion of child
161161 pornography).
162162 (b) This section applies only to a person who is a member or
163163 an annuitant of the retirement system and is or was an employee of
164164 the public school system.
165165 (c) Except as provided by Subsection (e), a person is not
166166 eligible to receive a service retirement annuity from the
167167 retirement system if the person is convicted of a qualifying felony
168168 the victim of which is a student.
169169 (d) The retirement system shall suspend payments of an
170170 annuity to a person who is not eligible to receive a service
171171 retirement annuity under Subsection (c), as determined by the
172172 retirement system, on receipt by the retirement system of:
173173 (1) notice of a conviction for a qualifying felony
174174 under Subsection (f) or (l);
175175 (2) notice of a conviction for a qualifying felony
176176 from a district court or district attorney; or
177177 (3) any other information the retirement system
178178 determines by rule is sufficient to establish a conviction for a
179179 qualifying felony.
180180 (e) A person whose conviction is overturned on appeal or who
181181 meets the requirements for innocence under Section 103.001(a)(2),
182182 Civil Practice and Remedies Code:
183183 (1) is entitled to receive an amount equal to the
184184 accrued total of payments and interest earned on the payments
185185 withheld during the suspension period; and
186186 (2) may resume receipt of annuity payments on payment
187187 to the retirement system of an amount equal to the contributions
188188 refunded to the person under Subsection (g).
189189 (f) Not later than the 30th day after the date of a person's
190190 conviction for a qualifying felony, the school at which the person
191191 was employed shall provide written notice of the conviction to the
192192 retirement system. The notice must comply with rules adopted by the
193193 board of trustees under Subsection (k).
194194 (g) A person who is not eligible to receive a service
195195 retirement annuity under Subsection (c) is entitled to a refund of
196196 the person's retirement annuity contributions, including interest
197197 earned on those contributions.
198198 (h) Benefits payable to an alternate payee under Chapter 804
199199 who is recognized by a domestic relations order established before
200200 September 1, 2017, are not affected by a person's ineligibility to
201201 receive a retirement annuity under Subsection (c).
202202 (i) On conviction of a person for a qualifying felony, a
203203 court may, in the interest of justice and in the same manner as in a
204204 divorce proceeding, award half of the service retirement annuity
205205 forfeited by the person as the separate property of an innocent
206206 spouse if the annuity is partitioned or exchanged by written
207207 agreement of the spouses as provided by Subchapter B, Chapter 4,
208208 Family Code. The amount awarded to the innocent spouse may not be
209209 converted to community property.
210210 (j) Ineligibility for a retirement annuity under this
211211 section does not impair a person's right to any other retirement
212212 benefit for which the person is eligible.
213213 (k) The board of trustees of the retirement system shall
214214 adopt rules and procedures to implement this section.
215215 (l) A court shall notify the retirement system of the terms
216216 of a person's conviction of a qualifying felony.
217217 SECTION 5. Section 12, Article 42.01, Code of Criminal
218218 Procedure, and Article 42.0192, Code of Criminal Procedure, as
219219 added by this Act, apply only to a judgment of conviction entered on
220220 or after the effective date of this Act.
221221 SECTION 6. (a) Not later than December 31, 2017, the board
222222 of trustees of the Employees Retirement System of Texas shall adopt
223223 the rules necessary to implement Section 814.013, Government Code,
224224 as added by this Act.
225225 (b) Not later than December 31, 2017, the board of trustees
226226 of the Teacher Retirement System of Texas shall adopt the rules
227227 necessary to implement Section 824.009, Government Code, as added
228228 by this Act.
229229 SECTION 7. Sections 814.013 and 824.009, Government Code,
230230 as added by this Act, apply only to an offense committed on or after
231231 the effective date of rules adopted in accordance with those
232232 sections. An offense committed before that date is governed by the
233233 law in effect on the date the offense was committed, and the former
234234 law is continued in effect for that purpose. For purposes of this
235235 section, an offense was committed before the effective date of
236236 rules adopted in accordance with Sections 814.013 and 824.009,
237237 Government Code, as added by this Act, if any element of the offense
238238 occurred before that date.
239239 SECTION 8. This Act takes effect September 1, 2017.