BILL ANALYSIS

Judicial Affairs Committee

By: Gallego
4-25-95
Committee Report (Unamended)

BACKGROUND

     Currently, the State Commission on Judicial Conduct does not
have to disclose any information to the Governor of Texas or the
President of the United States regarding an investigation of a
judge or a public or a private sanction against a judge that is
being considered for a gubernatorial or federal appointment.  

PURPOSE

     The purpose of this bill is to authorize the State Judicial
Conduct Commission to disclose information regarding any
investigation or a judge or of a public or private sanction issued
by the commission against a judge to the governor's appointments
office or to the President of the United States after the
information has been requested in writing.

RULEMAKING AUTHORITY

     It is the committee's opinion that this bill does not
expressly grant any additional rulemaking authority to a state
officer, department, agency or institution.

SECTION BY SECTION ANALYSIS

     SECTION 1 amends Section 33.032 of the Government Code by
adding Subsections (d) and (e).
           New Subsec. (d) allows the Judicial Conduct Commission
     to disclose any information it has regarding any investigation
     or public or private reprimand issued by the commission
     against the judge to the governor's appointments office or to
     an official of the United States.  This must be done in
     writing and must be accompanied by a written request by the
     affected judge granting the release of information.
           New Subsec. (e) requires the commission to report any
     criminal activity it has found through its investigation, to
     the proper law enforcement authorities.

     SECTION 2 amends Subchapter A, Chapter 33, of the Government
Code by adding Section 33.006, Ex Parte Communication.  This
section requires that no ex parte communication may occur between
a member of the commission and any judge who is the subject of an
investigation under this chapter.

     SECTION 3.  Effective date.

     SECTION 4.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted on April 20, 1995, the
Committee on Judicial Affairs met in a public hearing on April 25,
1995, to consider House Bill 852.  The Chair laid out H.B. 852 and
recognized the author, Rep. Gallego, to explain the bill.  Robert
Flowers, executive director of the Commission on Judicial Conduct,
testified neutrally on the bill.  Rep. Thompson moved to report
H.B. 852 favorably back to the full House, without amendment, with
the recommendation that it do pass, be printed and sent to the
Committee on Calendars.  The motion prevailed by the following
record vote:  6 ayes, 0 nays, 0 PNV and 3 absent.