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.