84R193 SGA-D
 
  By: Taylor of Collin S.B. No. 110
 
 
 
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 42.0199.
         SECTION 2.  Chapter 42, Code of Criminal Procedure, is
  amended by adding Article 42.0199 to read as follows:
         Art. 42.0199.  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
  Section 20, Article 42.12, 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 42.0199, 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, 2015.