By Gallego                                             H.B. No. 852
       74R3055 RJA-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to investigations of judges by the State Commission on
    1-3  Judicial Conduct.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 33.032, Government Code, is amended by
    1-6  amending Subsection (a) and adding Subsections (d) and (e) to read
    1-7  as follows:
    1-8        (a)  Except as provided by Section 33.034(d) and Subsections
    1-9  <Subsection> (c), (d), and (e) of this section, the papers filed
   1-10  with and proceedings before the commission are confidential prior
   1-11  to the convening of a formal hearing.
   1-12        (d)  The commission may disclose information it has regarding
   1-13  an investigation of a judge or a public or private sanction issued
   1-14  by the commission against a judge to the governor's appointments
   1-15  office or an official of the government of the United States after
   1-16  receipt of a written request from the office or the official,
   1-17  accompanied by a written request from the affected judge granting
   1-18  permission for release of all information.
   1-19        (e)  If through investigation, the commission discovers
   1-20  information that indicates a crime may have been committed, the
   1-21  commission shall report the information to the proper law
   1-22  enforcement agency.
   1-23        SECTION 2.  Subchapter A, Chapter 33, Government Code, is
   1-24  amended by adding Section 33.006 to read as follows:
    2-1        Sec. 33.006.  EX PARTE COMMUNICATION.  A member of the
    2-2  commission may not communicate ex parte with a judge who is the
    2-3  subject of an investigation under this chapter.
    2-4        SECTION 3.  This Act takes effect September 1, 1995, and
    2-5  applies to an investigation of judicial conduct under Chapter 33,
    2-6  Government Code, that is pending on that date, regardless of when
    2-7  the investigation was commenced, and in which formal proceedings
    2-8  under Section 33.022(b), Government Code, have not commenced.
    2-9        SECTION 4.  The importance of this legislation and the
   2-10  crowded condition of the calendars in both houses create an
   2-11  emergency and an imperative public necessity that the
   2-12  constitutional rule requiring bills to be read on three several
   2-13  days in each house be suspended, and this rule is hereby suspended.