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.