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.