| (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.
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