85R7472 TSR-D     By: Meyer H.B. No. 1746       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 42.0195.          SECTION 2.  Chapter 42, Code of Criminal Procedure, is   amended by adding Article 42.0195 to read as follows:          Art. 42.0195.  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   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), 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 42.0195, 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, 2017.