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.