(1) a member of the elected class described by Section 810.003(b)(1), Government Code, while a member of the Employees Retirement System of Texas; or

(2) a holder of an elected office for which the defendant wholly or partly became eligible for membership in a public retirement system.

(b) A judge who makes the affirmative finding described by this article shall make the determination and provide the notice required by Section 810.003(k), Government Code.

Added by Acts 2017, 85th Leg., R.S., Ch. 443 (S.B. 500), Sec. 4, eff. June 6, 2017.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.002(1), eff. September 1, 2019.