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.