85R549 TSR-F     By: Zaffirini S.B. No. 68       A BILL TO BE ENTITLED   AN ACT   relating to the eligibility for service retirement annuities from   the Employees Retirement System of Texas of certain elected   officials 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 42.0196.          SECTION 2.  Chapter 42, Code of Criminal Procedure, is   amended by adding Article 42.0196 to read as follows:          Art. 42.0196.  FINDING REGARDING OFFENSE RELATED TO   PERFORMANCE OF PUBLIC SERVICE. (a)  In the trial of an offense   described by Section 814.1021, 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 service as a   member of the elected class described by Section 814.1021(b),   Government Code, while a member of the Employees 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 814.1021(j), Government Code.          SECTION 3.  Subchapter B, Chapter 814, Government Code, is   amended by adding Section 814.1021 to read as follows:          Sec. 814.1021.  CERTAIN ELECTED MEMBERS INELIGIBLE FOR   RETIREMENT ANNUITY. (a)  In this section, "qualifying felony"    means any felony involving:                (1)  bribery;                (2)  embezzlement, extortion, or other theft of public   money;                (3)  perjury;                (4)  coercion of public servant or voter;                (5)  tampering with governmental record;                (6)  misuse of official information;                (7)  conspiracy or the attempt to commit any of the   above crimes; or                (8)  abuse of official capacity.          (b)  This section applies only to a member of the elected   class of the retirement system as described by Section   812.002(a)(1) or (2).          (c)  Except as provided by Subsection (d), a member is not   eligible to receive a service retirement annuity for service credit   in the elected class under the retirement system if the member is   convicted of a qualifying felony committed while in office and   arising directly from the official duties of that elected office.          (d)  The retirement system shall suspend payments of an   annuity to a person ineligible to receive the annuity under   Subsection (c) on receipt by the retirement system of notice and the   terms of the person's conviction.  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 (e).          (e)  A member who is not eligible to receive a service   retirement annuity under Subsection (c) is entitled to a refund of   the member's retirement annuity contributions, including interest   earned on those contributions.          (f)  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 member's ineligibility to   receive a retirement annuity under Subsection (c).          (g)  On conviction of a member 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 member 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.          (h)  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.          (i)  The board of trustees of the retirement system shall   adopt rules and procedures to implement this section.          (j)  A court shall:                (1)  order the suspension of service retirement annuity   payments for a person convicted of an offense described by   Subsection (c); and                (2)  notify the retirement system of the terms of a   conviction ordered under Subdivision (1).          SECTION 4.  Section 12, Article 42.01, Code of Criminal   Procedure, and Article 42.0196, 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 5.  (a)  Section 814.1021, Government Code, as added   by this Act, applies only to a member of the Employees Retirement   System of Texas who is or was a member of the state legislature or   holds or has held a statewide elected office and, on or after the   effective date of this Act, commits an offense that is a qualifying   felony as defined by that section.  A person who commits a   qualifying felony before the effective date of this Act is subject   to the law in effect on the date the offense was committed, and the   former law is continued in effect for that purpose.          (b)  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 6.  This Act takes effect September 1, 2017.