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.