ZEM H.B. 2421 75(R)BILL ANALYSIS CIVIL PRACTICES H.B. 2421 By: Counts 5-5-97 Committee Report (Amended) BACKGROUND The State Commission on Judicial Conduct exercises jurisdiction over more than 3,300 judges and judicial officers in Texas relative to misconduct or disability. Such jurisdiction includes appellate judges, district judges, county judges, justices of the peace, municipal judges, masters, magistrates, and retired and former judges who are available for assignment as visiting judges. Commission jurisdiction does not extend to hearing officers or administrative law judges who preside over administrative hearings of the various state agencies. In exercising its jurisdiction, the Commission's objectives are to preserve the integrity of all judges in the state, to ensure public confidence in the judiciary, and to encourage judges to maintain high standards of both professional and personal conduct. The Commission attempts to achieve these objectives not only by issuing sanctions against judges who violate legal or ethical standards, but also by participating in continuing education programs at all levels of the judiciary. Also, when necessary, the Commission undertakes appropriate action to secure the removal of a judge from office. PURPOSE The Commission is made up of eleven members, 5 of who are judges and 6 of whom are citizens. The citizen members of the Commission serve without pay and provide a valuable asset to the judiciary and to the State of Texas. This bill would entitle the citizen members, as well as the staff of the Commission, to have the same immunity as the judges who serve on the Commission. 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 Subchapter B, Chapter 33, Government Code, by adding Section 33.035 to exclude the commission, the commission's executive director, all commission members and employees, and any special master or special counsel assisting the commission from liability for damages for an act or omission in the course of the official duties of the commission. SECTION 2 Emergency clause. Effective date: upon passage. EXPLANATION OF AMENDMENTS Committee Amendment #1 provides that the immunity from liability applies only to the public members of the commission, instead of to the commission itself, the executive director, any employee of the commission, or any special master or special counsel assisting the commission. The amendment also clarifies that the public members are not immune from acts or omissions in bad faith or involving gross negligence, intentional misconduct, or a knowing violation of the law.