(a) In the trial of an offense described by § 810.003, 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 defendant is:
(1) a member of the elected class described by § 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 § 810.003(k), Government Code.