1-1     By:  Ellis, Ratliff                                   S.B. No. 1346
 1-2           (In the Senate - Filed March 11, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Jurisprudence;
 1-4     April 8, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 4, Nays 0; April 8, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1346                   By:  Ellis
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the State Commission on Judicial Conduct.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 33.001, Government Code, is amended to
1-13     read as follows:
1-14           Sec. 33.001.  DEFINITIONS.  (a)  In this chapter:
1-15                 (1)  "Censure" means an order of denunciation issued by
1-16     the commission under Section 1-a(8), Article V, Texas Constitution,
1-17     or an order issued by a review tribunal under Section 1-a(9),
1-18     Article V, Texas Constitution.
1-19                 (2)  "Chairperson" means the member of the commission
1-20     selected by the members of the commission to serve as its presiding
1-21     officer.
1-22                 (3)  "Clerk" means the individual designated by the
1-23     commission to assist in:
1-24                       (A)  formal proceedings before the commission or
1-25     a special master; or
1-26                       (B)  proceedings before a special court of
1-27     review.
1-28                 (4)  "Commission" means the State Commission on
1-29     Judicial Conduct.
1-30                 (5)  "Examiner" means an individual, including an
1-31     employee or special counsel of the commission, appointed by the
1-32     commission to gather and present evidence before a special master,
1-33     the commission, a special court of review, or a review tribunal.
1-34                 (6)  "Formal hearing" means the public evidentiary
1-35     phase of formal proceedings conducted before the commission or a
1-36     special master.
1-37                 (7)  "Formal proceedings" means the proceedings ordered
1-38     by the commission concerning the public censure, removal, or
1-39     retirement of a judge.
1-40                 (8) [(2)]  "Judge" means a justice, judge, master,
1-41     magistrate, or retired or former judge as described by Section 1-a,
1-42     [who is the subject of an investigation or proceeding under]
1-43     Article V, [Section 1-a, of the] Texas Constitution, or other
1-44     person who performs the functions of the justice, judge, master,
1-45     magistrate, or retired or former judge.
1-46                 (9)  "Review tribunal" means a panel of seven justices
1-47     of the courts of appeal selected by lot by the chief justice of the
1-48     supreme court to review a recommendation of the commission for the
1-49     removal or retirement of a judge under Section 1-a(9), Article V,
1-50     Texas Constitution.
1-51                 (10)  "Sanction" means an order issued by the
1-52     commission under Section 1-a(8), Article V, Texas Constitution,
1-53     providing for a private or public admonition, warning, or reprimand
1-54     or requiring that a person obtain additional training or education.
1-55                 (11)  "Special court of review" means a panel of three
1-56     justices of the courts of appeal selected by lot by the chief
1-57     justice of the supreme court on petition to review a sanction
1-58     issued by the commission.
1-59                 (12) [(3)]  "Special master" means a master appointed
1-60     by the supreme court under Section 1-a, Article V, [Section 1-a, of
1-61     the] Texas Constitution.
1-62           (b)  For purposes of Section 1-a, Article V, [Section 1-a, of
1-63     the] Texas Constitution, "wilful or persistent conduct that is
1-64     clearly inconsistent with the proper performance of a judge's
 2-1     duties" includes:
 2-2                 (1)  wilful, persistent, and unjustifiable failure to
 2-3     timely execute the business of the court, considering the quantity
 2-4     and complexity of the business;
 2-5                 (2)  wilful violation of a provision of the Texas penal
 2-6     statutes or the Code of Judicial Conduct;
 2-7                 (3)  persistent or wilful violation of the rules
 2-8     promulgated by the supreme court; or
 2-9                 (4)  incompetence in the performance of the duties of
2-10     the office.
2-11           (c)  The definition provided by Subsection (b) is not
2-12     exclusive.
2-13           SECTION 2.  Subsection (a), Section 33.002, Government Code,
2-14     is amended to read as follows:
2-15           (a)  The State Commission on Judicial Conduct is established
2-16     under Section 1-a, Article V, [Section 1-a, of the] Texas
2-17     Constitution, and has the powers provided by that section.
2-18           SECTION 3.  Section 33.005, Government Code, is amended by
2-19     amending Subsections (b) and (c) and adding Subsection (e) to read
2-20     as follows:
2-21           (b)  The report must include:
2-22                 (1)  an explanation of the role of the commission;
2-23                 (2)  annual statistical information and examples of
2-24     [proper and] improper judicial conduct;
2-25                 (3)  an explanation of the commission's processes; and
2-26                 (4)  changes the commission considers necessary in its
2-27     rules or the applicable statutes or constitutional provisions.
2-28           (c)  The commission shall distribute the report to the
2-29     governor, lieutenant governor, [and] speaker of the house of
2-30     representatives, and editor of [shall cause the report to be
2-31     printed in] the Texas Bar Journal.
2-32           (e)  The Texas Bar Journal shall publish a report received
2-33     from the commission under Subsection (c).
2-34           SECTION 4.  Subchapter A, Chapter 33, Government Code, is
2-35     amended by adding Section 33.006 to read as follows:
2-36           Sec. 33.006.  IMMUNITY FROM LIABILITY.  (a)  This section
2-37     applies to:
2-38                 (1)  the commission;
2-39                 (2)  a member of the commission;
2-40                 (3)  the executive director of the commission;
2-41                 (4)  an employee of the commission;
2-42                 (5)  a special master appointed under Section 1-a(8),
2-43     Article V, Texas Constitution; and
2-44                 (6)  special counsel for the commission.
2-45           (b)  A person to which this section applies is not liable for
2-46     an act or omission committed by the person within the scope of the
2-47     person's official duties.
2-48           (c)  The immunity from liability provided by this section is
2-49     absolute and unqualified and extends to any action at law or in
2-50     equity.
2-51           SECTION 5.  Section 33.021, Government Code, is amended to
2-52     read as follows:
2-53           Sec. 33.021.  GENERAL POWERS OF COMMISSION.  The commission
2-54     may:
2-55                 (1)  design and use a seal;
2-56                 (2)  employ persons that it considers necessary to
2-57     carry out the duties and powers of the commission [and special
2-58     masters];
2-59                 (3)  employ special counsel as it considers necessary;
2-60                 (4)  arrange for attendance of witnesses, including
2-61     those not subject to subpoena;
2-62                 (5)  arrange for and compensate expert witnesses and
2-63     reporters; and
2-64                 (6)  pay from its available funds the reasonably
2-65     necessary expenses of carrying out its duties under the
2-66     constitution, including providing compensation to special masters.
2-67           SECTION 6.  Section 33.022, Government Code, is amended to
2-68     read as follows:
2-69           Sec. 33.022.  INVESTIGATIONS AND FORMAL PROCEEDINGS
 3-1     [COMPLAINANT'S AND JUDGE'S RIGHTS].  (a)  The commission may
 3-2     conduct a preliminary investigation of the circumstances
 3-3     surrounding an allegation or appearance of misconduct or disability
 3-4     of a judge to determine if the allegation or appearance is
 3-5     unfounded or frivolous.
 3-6           (b)  If, after conducting a preliminary investigation under
 3-7     this section, the commission determines that an allegation or
 3-8     appearance of misconduct or disability is unfounded or frivolous,
 3-9     the commission shall terminate the investigation.
3-10           (c)  If, after conducting a preliminary investigation under
3-11     this section, the commission does not determine that an allegation
3-12     or appearance of misconduct or disability is unfounded or
3-13     frivolous, the commission:
3-14                 (1)  shall:
3-15                       (A)  conduct a full investigation of the
3-16     circumstances surrounding the allegation or appearance of
3-17     misconduct or disability; and
3-18                       (B)  notify the judge in writing of:
3-19                             (i)  the commencement of the investigation;
3-20     and
3-21                             (ii)  the nature of the allegation or
3-22     appearance of misconduct or disability being investigated; and
3-23                 (2)  may:
3-24                       (A)  request the judge to:
3-25                             (i)  submit a written response to the
3-26     allegation or appearance of misconduct or disability; or
3-27                             (ii)  appear informally before the
3-28     commission; or
3-29                       (B)  order the deposition of any person other
3-30     than the judge.
3-31           (d)  The commission shall serve an order issued by the
3-32     commission under Subsection (c)(2)(B) on the person who is the
3-33     subject of the deposition and the judge who is the subject of the
3-34     investigation.  The order must be served within a reasonable time
3-35     before the date of the deposition.
3-36           (e)  The commission may file an application in a district
3-37     court to enforce an order issued by the commission under Subsection
3-38     (c)(2)(B).
3-39           (f)  The commission shall notify the judge in writing of the
3-40     disposition of a full investigation conducted by the commission
3-41     under this section  [In the conduct of an investigation the judge
3-42     shall be informed in writing that an investigation has commenced
3-43     and of the nature of the matters being investigated.  At the
3-44     conclusion of the investigation, the commission shall determine
3-45     whether formal proceedings under Subsection (b) shall be had.  The
3-46     complainant, if any, is entitled to appear before the commission at
3-47     any formal proceedings and give testimony regarding the matters
3-48     being investigated.  If the commission decides no further
3-49     proceedings are warranted, the chairman of the commission shall so
3-50     notify the complainant, if any, and the judge in writing].
3-51           (g) [(b)]  If after the investigation has been completed the
3-52     commission concludes that formal proceedings will be instituted,
3-53     the matter shall be entered in a docket to be kept for that purpose
3-54     and written notice of the institution of formal proceedings shall
3-55     be served on [issued to] the judge without delay.  The proceedings
3-56     shall be entitled:
3-57          "Before the State Commission on Judicial Conduct Inquiry
3-58                        Concerning a Judge, No. ____"
3-59           (h) [(c)]  The notice shall specify in ordinary and concise
3-60     language the charges against the judge and the alleged facts on
3-61     which the charges are based and the specific standards [statute or
3-62     rule] contended to have been violated.  [The written notice may
3-63     charge more than one violation, but each violation shall be charged
3-64     in a separate paragraph immediately followed by a statement of the
3-65     acts constituting the violation.]  The judge is entitled to file a
3-66     written answer to the charges against the judge [him] not later
3-67     than the 15th day after the notice is served on the judge [him],
3-68     and the notice shall so advise the judge [him].
3-69           (i) [(d)]  The notice shall be served on the judge by
 4-1     personal service of a copy of the notice by a member of the
 4-2     commission or by some person designated by the chairperson
 4-3     [chairman].  The person serving the notice shall promptly notify
 4-4     the clerk [commission] in writing of the date on which the notice
 4-5     was served.  If it appears to the chairperson [chairman] on
 4-6     affidavit that, after reasonable effort during a period of 10 days,
 4-7     personal service could not be had, service may be made by mailing
 4-8     by registered or certified mail copies of the notice addressed to
 4-9     the judge at the judge's [his] chambers or at the judge's [his]
4-10     last known residence in an [a blank] envelope marked "personal and
4-11     confidential."  The date of mailing shall be entered in the docket.
4-12           (j)  A [(e)  In the conduct of investigations and formal
4-13     proceedings, a] judge at the judge's [his] request may elect to
4-14     have any hearing open to the public or to persons designated by the
4-15     judge.  The right of a judge to an open hearing does not preclude
4-16     placing witnesses under the rule as provided by [Rule 267 of] the
4-17     Texas Rules of Civil Procedure.
4-18           (k)  A judge is not entitled to a jury trial in formal
4-19     proceedings before a special master or the commission.
4-20           SECTION 7.  Section 33.023, Government Code, is amended to
4-21     read as follows:
4-22           Sec. 33.023.  PHYSICAL OR MENTAL INCAPACITY [EXAMINATION] OF
4-23     JUDGE.  (a)  In any investigation or proceeding that involves the
4-24     involuntary retirement of a judge because of physical or mental
4-25     incapacity to discharge the judge's [his] duty, the commission may
4-26     order [require] the judge to submit to a physical or [and] mental
4-27     examination by one or more physicians selected and paid by the
4-28     commission.
4-29           (b)  The commission shall give the judge written notice of
4-30     the examination not later than 10 days before the date of the
4-31     examination.  The notice must include the physician's name and the
4-32     date, time, and place of the examination.  The examination must be
4-33     in a city or town in which the judge permanently or temporarily
4-34     resides, or at a location in the state to which the judge consents.
4-35           (c)  Each examining physician shall file a written report of
4-36     the examination with the commission and the report shall be
4-37     received as evidence without further formality.  On request of the
4-38     judge or the judge's attorney, the commission shall give the judge
4-39     a copy of the report.  The physician's oral or deposition testimony
4-40     concerning the report may be required by the commission or by
4-41     written demand of the judge.
4-42           (d)  If a judge refuses to submit to a physical or mental
4-43     examination ordered by the commission under this section, the
4-44     commission may petition a district court for an order compelling
4-45     the judge to submit to the physical or mental examination.
4-46           SECTION 8.  Section 33.024, Government Code, is amended to
4-47     read as follows:
4-48           Sec. 33.024.  OATHS AND SUBPOENAS.  In conducting an
4-49     investigation, [or] formal proceedings [proceeding], or proceedings
4-50     before a special court of review, a commission member, [or the]
4-51     special master, or member of a special court of review may:
4-52                 (1)  administer oaths;
4-53                 (2)  order and provide for inspection of books and
4-54     records; and
4-55                 (3)  issue a subpoena for attendance of a witness or
4-56     production of papers, books, accounts, documents, and testimony
4-57     relevant to the investigation or proceeding.
4-58           SECTION 9.  Section 33.025, Government Code, is amended to
4-59     read as follows:
4-60           Sec. 33.025.  ENFORCEMENT OF [FAILURE TO OBEY] SUBPOENA.
4-61     (a)  The commission may file an application in a district court or,
4-62     if appropriate, with a special master or special court of review,
4-63     to enforce a subpoena issued by the commission under this chapter
4-64     [If a person other than the judge refuses to testify or obey a
4-65     subpoena issued under this chapter, the commission or the special
4-66     master may petition a district court for an order, or the special
4-67     master may issue an order, compelling the person to attend and
4-68     testify or produce writings or other material required by the
4-69     subpoena.  The order shall require the person to appear before the
 5-1     court or special master at a specified time and place to show cause
 5-2     for the failure to obey the subpoena.  The court or the special
 5-3     master shall serve a copy of the order on the person].
 5-4           (b)  A special master or special court of review may enforce
 5-5     by contempt a subpoena issued by the commission, the special
 5-6     master, or the special court of review [If the court or the special
 5-7     master finds that the subpoena was regularly issued, the court or
 5-8     master shall order the person to appear before the commission or
 5-9     master at a specified time and place to testify or satisfy the
5-10     requirements of the subpoena.]
5-11           [(c)  Failure to obey the order of the court or the special
5-12     master shall be dealt with as contempt].
5-13           SECTION 10.  Section 33.026, Government Code, is amended to
5-14     read as follows:
5-15           Sec. 33.026.  WITNESS IMMUNITY.  (a)  In a proceeding or
5-16     deposition related to a proceeding before the commission, [or] a
5-17     special master, or a special court of review, the commission,
5-18     special [court or] master, or special court of review may compel a
5-19     person other than the judge to testify or produce evidence over the
5-20     person's claim of privilege against self-incrimination.
5-21           (b)  A person compelled to testify over a proper claim of
5-22     privilege against self-incrimination is not subject to indictment
5-23     or prosecution for a matter or transaction about which the person
5-24     truthfully testifies or produces evidence.
5-25           (c)  A special master has the same powers as a district judge
5-26     in matters of contempt and granting immunity.
5-27           SECTION 11.  Section 33.027, Government Code, is amended to
5-28     read as follows:
5-29           Sec. 33.027.  DISCOVERY [DEPOSITION].  (a)  In formal
5-30     proceedings or in a proceeding before a special court of review,
5-31     discovery shall be conducted, to the extent practicable, in the
5-32     manner provided by the rules applicable to civil cases generally
5-33     [In a pending investigation or formal proceeding, the commission or
5-34     the special master may order the deposition of any person.  The
5-35     deposition shall be taken in the form, and is subject to
5-36     limitations, prescribed in the order].
5-37           (b)  On request, a special master, the commission, or a
5-38     special court of review shall expedite the discovery in formal
5-39     proceedings or in a proceeding before a special court of review [If
5-40     the judge and commission counsel do not stipulate the manner of
5-41     taking the deposition, the judge or counsel may petition a district
5-42     court for an order requiring the person to testify.  If the person
5-43     resides or is present in the state, the judge or counsel shall file
5-44     the petition in the county in which the person resides or is
5-45     present.  If the person does not reside or is not present in the
5-46     state, the judge or counsel shall file the petition in a county in
5-47     which the commission has an office.  The petition must be entitled
5-48     "In the Matter of Proceeding of State Commission on Judicial
5-49     Conduct No. ____ (state number)" and, without identifying the
5-50     judge, must state generally:]
5-51                 [(1)  the nature of the pending matter;]
5-52                 [(2)  the deponent's name and residence;]
5-53                 [(3)  the directions, if any, of the commission or
5-54     special master; and]
5-55                 [(4)  a request for an order requiring the person to
5-56     appear and testify before a designated officer].
5-57           (c)  The following may not be the subject of a discovery
5-58     request in formal proceedings or in a proceeding before a special
5-59     court of review:
5-60                 (1)  the discussions, thought processes, or individual
5-61     votes of members of the commission;
5-62                 (2)  the discussions or thought processes of employees
5-63     of the commission, including special counsel for the commission; or
5-64                 (3)  the identity of a complainant or informant if the
5-65     person requests that the person's identity be kept confidential [On
5-66     the filing of the petition, the court may order the person to
5-67     appear and testify.  The clerk shall issue a subpoena for the
5-68     deposition.  The person taking the deposition shall take and return
5-69     it in the manner prescribed by law for depositions in civil
 6-1     actions.]
 6-2           [(d)  Failure to obey the subpoena or an order connected with
 6-3     the subpoena shall be dealt with as contempt].
 6-4           SECTION 12.  Section 33.028, Government Code, is amended to
 6-5     read as follows:
 6-6           Sec. 33.028.  PROCESS AND ORDERS.  (a)  Process issued [in an
 6-7     investigation or formal proceeding] under this chapter is valid
 6-8     anywhere in the state.
 6-9           (b)  [On request of the commission, a commission member, or
6-10     an authorized representative of the commission, a sheriff or a
6-11     constable shall serve any process or execute lawful orders issued
6-12     by the commission.]  A peace officer [commission member], an
6-13     employee of the commission [a special master], or any other [a]
6-14     person whom the commission, a special master, or a special court of
6-15     review designates may [also] serve process or execute a lawful
6-16     order of the commission, the special master, or the special court
6-17     of review.
6-18           SECTION 13.  Section 33.029, Government Code, is amended to
6-19     read as follows:
6-20           Sec.  33.029.  WITNESSES' EXPENSES.  A witness called to
6-21     testify by the commission other than an officer or employee of the
6-22     state or a political subdivision or court of the state is entitled
6-23     to the same mileage expenses and per diem as a witness before a
6-24     state grand jury.  The commission shall pay these amounts from its
6-25     appropriated funds.
6-26           SECTION 14.  Section 33.030, Government Code, is amended to
6-27     read as follows:
6-28           Sec. 33.030.  ASSISTANCE TO COMMISSION, [AND] SPECIAL MASTER,
6-29     OR SPECIAL COURT OF REVIEW.  (a)  On request of the commission, the
6-30     attorney general shall act as its counsel generally or in a
6-31     particular investigation or proceeding.
6-32           (b)  A state or local government body or department, an
6-33     officer or employee of a state or local government body, or an
6-34     official or agent of a state court shall cooperate with and give
6-35     reasonable assistance and information to the commission, an
6-36     authorized representative of the commission, [or] a special master,
6-37     or a special court of review concerning an investigation or
6-38     proceeding before the commission, special [or] master, or special
6-39     court of review.
6-40           SECTION 15.  Section 33.031, Government Code, is amended to
6-41     read as follows:
6-42           Sec. 33.031.  NO AWARD OF COSTS.  Court [The commission, a
6-43     special master, or a district court may not award] costs or
6-44     attorney's fees may not be awarded in a proceeding under this
6-45     chapter.
6-46           SECTION 16.  Section 33.032, Government Code, is amended to
6-47     read as follows:
6-48           Sec. 33.032.  CONFIDENTIALITY OF PAPERS, RECORDS, AND
6-49     PROCEEDINGS.  (a)  Except as provided by Section 33.034 [33.034(d)]
6-50     and Subsections [Subsection] (c), (d), and (e) [of this section],
6-51     the papers filed with and proceedings before the commission are
6-52     confidential prior to the convening of a formal hearing.
6-53           (b)  The formal hearing[, and all papers, records,
6-54     documents,] and any [other] evidence introduced during the formal
6-55     hearing, including papers, records, documents, and pleadings filed
6-56     with the clerk, shall be public on the convening of the formal
6-57     hearing.
6-58           (c)  If the commission issues a public admonition, warning,
6-59     reprimand, or requirement that a person obtain additional training
6-60     or education, all papers, documents, evidence, and records
6-61     considered by the commission, or forwarded to the commission by its
6-62     staff, in the proceedings shall be public.
6-63           (d)  The disciplinary record of a judge, including any
6-64     private sanctions, is admissible in a subsequent proceeding before
6-65     the commission, a special master, a special court of review, or a
6-66     review tribunal.
6-67           (e)  On the filing of a written request by a judge, the
6-68     commission may release to the person designated in the request,
6-69     including the judge, the number, nature, and disposition of a
 7-1     complaint filed against the judge with the commission, except that
 7-2     the commission may refuse to release the identity of a complainant.
 7-3           SECTION 17.  Section 33.033, Government Code, is amended to
 7-4     read as follows:
 7-5           Sec. 33.033.  NOTIFICATION TO COMPLAINANT.  (a)  The
 7-6     commission shall promptly notify a complainant [of judicial
 7-7     conduct] of the disposition of the complaint.
 7-8           (b)  The communication shall inform the complainant that:
 7-9                 (1)  the complaint [has no basis and] has been
7-10     dismissed;
7-11                 (2)  appropriate action has been taken, the nature of
7-12     which will not be disclosed unless disclosure is authorized under
7-13     Section 33.032; [or]
7-14                 (3)  a public sanction has been issued by the
7-15     commission; or
7-16                 (4)  formal proceedings have been instituted.
7-17           (c)  The communication may not contain the name of a judge
7-18     unless a public sanction has been issued by the commission or
7-19     formal proceedings have been instituted.
7-20           (d)  If a public sanction has been issued by the commission,
7-21     the communication must include a copy of the public sanction.
7-22           SECTION 18.  Subsections (a), (d), (e), (f), and (h), Section
7-23     33.034, Government Code, are amended to read as follows:
7-24           (a)  A judge who receives from the commission any type of
7-25     sanction is entitled to a review of the commission's decision as
7-26     provided by this section.  This section does not apply to a
7-27     decision by the commission to institute formal [removal]
7-28     proceedings.
7-29           (d)  Within 15 days after the appointment of the court of
7-30     review, the commission shall file with the clerk [petitioner and
7-31     each justice on the court] a charging document that includes a copy
7-32     of the sanction issued and any additional charges to be considered
7-33     in the de novo proceeding [containing the commission's specific
7-34     findings against the judge and the papers, documents, records, and
7-35     evidence on which the commission based its decision].  The charging
7-36     document is [Those documents are] public on its [on their] filing
7-37     with the clerk [court].  On receipt of the filing of the charging
7-38     document, the clerk shall send the charging document to the judge
7-39     who is the subject of the document and to each justice on the court
7-40     of review.
7-41           (e)  The review by the court under this section is by trial
7-42     de novo as that term is used in the appeal of cases from justice to
7-43     county court.  Any hearings of the court shall be public and shall
7-44     be held at the location [or locations] determined by the court.
7-45     Any evidence introduced during a hearing, including papers,
7-46     records, documents, and pleadings filed with the clerk in the
7-47     proceedings, is public.
7-48           (f)  Except as otherwise provided by this section, the
7-49     procedure for the review is governed to the extent practicable by
7-50     the rules of law, evidence, and procedure that apply to the trial
7-51     of civil actions generally.
7-52           (h)  Within 30 days after the date on which the charging
7-53     document is filed with the clerk [court], the court shall conduct a
7-54     hearing on the charging document.  The court may, if good cause is
7-55     shown, grant one or more continuances not to exceed a total of 30
7-56     days  [commission may employ a special counsel to represent the
7-57     commission at the hearing].  Within 60 days after the hearing, the
7-58     court, in its discretion, shall issue a decision as to the proper
7-59     disposition of the appeal.
7-60           SECTION 19.  (a)  Except as provided by Subsection (b) of
7-61     this section, the change in law made by this Act applies only to an
7-62     investigation or proceeding under Chapter 33, Government Code, as
7-63     amended by this Act, instituted on or after the effective date of
7-64     this Act.
7-65           (b)  The change in law made by Section 4 of this Act applies
7-66     only to a cause of action that accrues on or after the effective
7-67     date of this Act.  An action that accrued before the effective date
7-68     of this Act is governed by the law applicable to the action
7-69     immediately before the effective date of this Act, and that law is
 8-1     continued in effect for that purpose.
 8-2           SECTION 20.  The importance of this legislation and the
 8-3     crowded condition of the calendars in both houses create an
 8-4     emergency and an imperative public necessity that the
 8-5     constitutional rule requiring bills to be read on three several
 8-6     days in each house be suspended, and this rule is hereby suspended,
 8-7     and that this Act take effect and be in force from and after its
 8-8     passage, and it is so enacted.
 8-9                                  * * * * *