34 Tex. Admin. Code § 105.9 - Notice By Participating Subdivision of Certain Felony Convictions of Elected or Appointed Officers

(a) A participating subdivision must provide written notice on a form prescribed by the Texas County and District Retirement System (the "system") of the conviction of any member of the system who was elected or appointed to a public office of the participating subdivision and who is convicted of a qualifying felony committed while in office and arising directly from the official duties of that office.

(b) "Qualifying felony" means any felony that is committed on or after June 6, 2017 involving one or more of the following:

(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 offenses described in paragraphs (1) - (6) of this subsection; or

(8) abuse of official capacity.

(c) A participating subdivision must provide the notice required by subsection (a) of this section to the system no later than the 30th day after the conviction of the member.

(d) The notice should be on a form prescribed by the system and must:

(1) clearly state the convicted member's name, title of public office, date of conviction, court of jurisdiction, case number, qualifying felony violation, date of offense, and an explanation of the connection of the qualifying felony to the member's performance of his or her official duties;

(2) include a copy of the official conviction of the member entered by court, including the judge's affirmative finding of fact that the member is an elected or appointed holder of a public office of the participating subdivision who committed a qualifying felony while in office and in the course of performing official duties of the office; and

(3) if applicable, include a copy of the court's award of all or a portion of the member's service retirement annuity to the member's spouse pursuant to a just and right division upon the member's conviction or pursuant to a written agreement between the spouses entered into prior to the member's conviction as provided by Subchapter B, Family Code.

Notes

34 Tex. Admin. Code § 105.9

Adopted by Texas Register, Volume 43, Number 01, January 5, 2018, TexReg 0094, eff. 1/10/2018