By Gallego                                            H.B. No. 1918
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to procedures of the State Commission on Judicial Conduct.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  The heading to Section 33.022, Government Code,
    1-5  is amended to read as follows:
    1-6        Sec. 33.022.  COMPLAINANT'S AND JUDGE'S RIGHTS.
    1-7        SECTION 2.  Section 33.022(a), Government Code, is amended to
    1-8  read as follows:
    1-9        (a)  In the conduct of an investigation the judge shall be
   1-10  informed in writing that an investigation has commenced and of the
   1-11  nature of the matters being investigated.  At the conclusion of the
   1-12  investigation, the commission shall determine whether formal
   1-13  proceedings <(>under Subsection (b) <of this section)> shall be
   1-14  had.  The complainant, if any, is entitled to appear before the
   1-15  commission at any formal proceedings and give testimony regarding
   1-16  the matters being investigated.  If the commission decides no
   1-17  further proceedings are warranted, the chairman of the commission
   1-18  shall so notify the complainant, if any, and the judge in writing.
   1-19        SECTION 3.  Section 33.032, Government Code, is amended by
   1-20  amending Subsection (a) and adding Subsections (d) and (e) to read
   1-21  as follows:
   1-22        (a)  Except as provided by Section 33.034(d) and Subsections
   1-23  <Subsection> (c) and (d) of this section, the papers filed with and
   1-24  proceedings before the commission are confidential prior to the
    2-1  convening of a formal hearing.
    2-2        (d)  The commission may disclose information it has regarding
    2-3  an investigation of a judge or a public or private sanction issued
    2-4  by the commission against a judge to the governor's appointments
    2-5  office or an official of the government of the United States after
    2-6  receipt of a written request from the office or the official,
    2-7  accompanied by a written request from the affected judge granting
    2-8  permission for release of all information.
    2-9        (e)  If, through investigation, the commission discovers
   2-10  information that indicates that a crime may have been committed,
   2-11  the commission shall report the information to the proper law
   2-12  enforcement agency.
   2-13        SECTION 4.  Chapter 33, Government Code, is amended by adding
   2-14  Section 33.006 to read as follows:
   2-15        Sec. 33.006.  EX PARTE COMMUNICATIONS.  Members of the State
   2-16  Commission on Judicial Conduct are prohibited from any ex parte
   2-17  communication with any judge who is the subject of an investigation
   2-18  being conducted by the commission.
   2-19        SECTION 5.  This Act takes effect September 1, 1993, and
   2-20  applies to an investigation of judicial conduct under Chapter 33,
   2-21  Government Code, that is pending on the effective date of this Act,
   2-22  without regard to whether the investigation was commenced before or
   2-23  is commenced on or after the effective date of this Act, and in
   2-24  which, on the effective date of this Act, formal proceedings under
   2-25  Section 33.022(b), Government Code, have not been commenced.
   2-26        SECTION 6.  The importance of this legislation and the
   2-27  crowded condition of the calendars in both houses create an
    3-1  emergency and an imperative public necessity that the
    3-2  constitutional rule requiring bills to be read on three several
    3-3  days in each house be suspended, and this rule is hereby suspended.