By Gallego                                            H.B. No. 3447
         77R7517 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the functions of the State Commission on Judicial
 1-3     Conduct.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 33.001, Government Code, is amended by
 1-6     amending Subsections (b) and (c) and adding Subsection (d) to read
 1-7     as follows:
 1-8           (b)  For purposes of Section 1-a, Article V, Texas
 1-9     Constitution, "wilful or persistent conduct that is clearly
1-10     inconsistent with the proper performance of a judge's duties"
1-11     includes:
1-12                 (1)  wilful, persistent, and unjustifiable failure to
1-13     timely execute the business of the court, considering the quantity
1-14     and complexity of the business;
1-15                 (2)  wilful violation of a provision of the Texas penal
1-16     statutes or the Code of Judicial Conduct;
1-17                 (3)  persistent or wilful violation of the rules
1-18     promulgated by the supreme court;  [or]
1-19                 (4)  incompetence in the performance of the duties of
1-20     the office;
1-21                 (5)  failure to cooperate with the commission; or
1-22                 (6)  violation of any provision of a voluntary
1-23     agreement to resign from judicial office in lieu of disciplinary
1-24     action by the commission.
 2-1           (c)  The definitions [definition] provided by Subsections
 2-2     [Subsection] (b) and (d) are [is] not exclusive.
 2-3           (d)  For purposes of Subdivision (6), Section 1-a, Article V,
 2-4     Texas Constitution, a misdemeanor involving official misconduct
 2-5     includes a misdemeanor involving an act relating to a judicial
 2-6     office or a misdemeanor involving an act involving moral turpitude.
 2-7           SECTION 2. Section 33.002, Government Code, is amended by
 2-8     adding Subsection (c) to read as follows:
 2-9           (c)  Appointments to the commission shall be made without
2-10     regard to the race, color, disability, sex, religion, age, or
2-11     national origin of the appointees.
2-12           SECTION 3. Subchapter A, Chapter 33, Government Code, is
2-13     amended by adding Section 33.0032 to read as follows:
2-14           Sec. 33.0032.  CONFLICT OF INTEREST. (a)  In this section,
2-15     "Texas trade association" means a cooperative and voluntarily
2-16     joined association of business or professional competitors in this
2-17     state designed to assist its members and its industry or profession
2-18     in dealing with mutual business or professional problems and in
2-19     promoting their common interest.
2-20           (b)  A person may not be a commission employee employed in a
2-21     "bona fide executive, administrative, or professional capacity," as
2-22     that phrase is used for purposes of establishing an exemption to
2-23     the overtime provisions of the federal Fair Labor Standards Act of
2-24     1938 (29 U.S.C. Section 201 et seq.), and its subsequent
2-25     amendments, if:
2-26                 (1)  the person is an officer, employee, or paid
2-27     consultant of a Texas trade association the members of which are
 3-1     subject to regulation by the commission; or
 3-2                 (2)  the person's spouse is an officer, manager, or
 3-3     paid consultant of a Texas trade association the members of which
 3-4     are subject to regulation by the commission.
 3-5           (c)  A person may not act as the general counsel to the
 3-6     commission if the person is required to register as a lobbyist
 3-7     under Chapter 305, Government Code, because of the person's
 3-8     activities for compensation on behalf of a profession related to
 3-9     the operation of the commission.
3-10           SECTION 4.  Section 33.004(c), Government Code, is amended to
3-11     read as follows:
3-12           (c)  A special master who is a retired judge of a district
3-13     court or the court of criminal appeals or a retired justice of a
3-14     court of appeals or the supreme court is entitled to compensation
3-15     in the same manner as provided by Section 74.061.  For purposes of
3-16     this subsection, the term "court" in Section 74.061(c) means the
3-17     district court in the county in which formal proceedings are heard
3-18     by the special master [a per diem of $25 for each day or part of a
3-19     day that the person spends in the performance of the duties of
3-20     special master.  In addition, the special master is entitled to an
3-21     amount equal to the difference between the retirement benefits that
3-22     the person receives as a retired judge or justice and the
3-23     compensation that the state pays an active judge or justice of the
3-24     court from which the person retired.  The per diem and compensation
3-25     under this subsection is in addition to the retirement benefits to
3-26     which the person is entitled].
3-27           SECTION 5.  Subchapter A, Chapter 33, Government Code, is
 4-1     amended by adding Sections 33.0041-33.0046 to read as follows:
 4-2           Sec. 33.0041.  REMOVAL OF COMMISSION MEMBER; NOTIFICATION
 4-3     PROCEDURES. If the executive director has knowledge that a
 4-4     potential ground for removal of a commission member exists, the
 4-5     executive director shall notify the presiding officer of the
 4-6     commission of the potential ground.  The presiding officer shall
 4-7     then notify the governor, the supreme court, the state bar, and the
 4-8     attorney general that a potential ground for removal exists.  If
 4-9     the potential ground for removal involves the presiding officer,
4-10     the executive director shall notify the next highest ranking
4-11     officer of the commission, who shall then notify the governor, the
4-12     supreme court, the state bar, and the attorney general that a
4-13     potential ground for removal exists.
4-14           Sec. 33.0042.  REQUIREMENTS FOR OFFICE OR EMPLOYMENT:
4-15     INFORMATION. The executive director or the executive director's
4-16     designee shall provide to members of the commission and to agency
4-17     employees, as often as necessary, information regarding the
4-18     requirements for office or employment under this chapter and
4-19     Section 1-a, Article V, Texas Constitution, including information
4-20     regarding a person's responsibilities under applicable laws
4-21     relating to standards of conduct for state officers or employees.
4-22           Sec. 33.0043.  COMMISSION MEMBER TRAINING. (a)  A person who
4-23     is appointed to and qualifies for office as a member of the
4-24     commission shall complete a training program that complies with
4-25     this section.
4-26           (b)  The training program must provide the person with
4-27     information regarding:
 5-1                 (1)  the legislation that created the commission;
 5-2                 (2)  the programs operated by the commission;
 5-3                 (3)  the role and functions of the commission;
 5-4                 (4)  the rules of the commission with an emphasis on
 5-5     the rules that relate to disciplinary and investigatory authority;
 5-6                 (5)  the current budget for the commission;
 5-7                 (6)  the results of the most recent formal audit of the
 5-8     commission;
 5-9                 (7)  the requirements of laws relating to public
5-10     officials, including conflict-of-interest laws; and
5-11                 (8)  any applicable ethics policies adopted by the
5-12     commission or the Texas Ethics Commission.
5-13           (c)  A person appointed to the commission is entitled to
5-14     reimbursement, as provided by the General Appropriations Act, for
5-15     the travel expenses incurred in attending the training program
5-16     regardless of whether the attendance at the program occurs before
5-17     or after the person qualifies for office.
5-18           Sec. 33.0044.  DIVISION OF RESPONSIBILITY. The commission
5-19     shall develop and implement policies that clearly separate the
5-20     policy-making responsibilities of the commission and the management
5-21     responsibilities of the executive director and staff of the
5-22     commission.
5-23           Sec. 33.0045.  EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.
5-24     (a)  The executive director or the executive director's designee
5-25     shall prepare and maintain a written policy statement that
5-26     implements a program of equal employment opportunity to ensure that
5-27     all personnel decisions are made without regard to race, color,
 6-1     disability, sex, religion, age, or national origin.
 6-2           (b)  The policy statement must include:
 6-3                 (1)  personnel policies, including policies relating to
 6-4     recruitment, evaluation, selection, training, and promotion of
 6-5     personnel, that show the intent of the commission to avoid the
 6-6     unlawful employment practices described by Chapter 21, Labor Code;
 6-7     and
 6-8                 (2)  an analysis of the extent to which the composition
 6-9     of the commission's personnel is in accordance with state and
6-10     federal law and a description of reasonable methods to achieve
6-11     compliance with state and federal law.
6-12           (c)  The policy statement must:
6-13                 (1)  be updated annually;
6-14                 (2)  be reviewed by the state Commission on Human
6-15     Rights for compliance with Subsection (b)(1); and
6-16                 (3)  be filed with the governor's office.
6-17           Sec. 33.0046.  STATE EMPLOYEE INCENTIVE PROGRAM:  INFORMATION
6-18     AND TRAINING. The executive director or the executive director's
6-19     designee shall provide to agency employees information and training
6-20     on the benefits and methods of participation in the state employee
6-21     incentive program.
6-22           SECTION 6.  Section 33.005(e), Government Code, is amended to
6-23     read as follows:
6-24           (e)  The Texas Bar Journal shall publish public statements
6-25     and summaries of sanctions issued by [a report received from] the
6-26     commission [under Subsection (c)].
6-27           SECTION 7.  Section 33.006(a), Government Code, is amended to
 7-1     read as follows:
 7-2           (a)  This section applies to:
 7-3                 (1)  the commission;
 7-4                 (2)  a member of the commission;
 7-5                 (3)  the executive director of the commission;
 7-6                 (4)  an employee of the commission;
 7-7                 (5)  a special master appointed under Section 1-a(8),
 7-8     Article V, Texas Constitution; [and]
 7-9                 (6)  special counsel for the commission and any person
7-10     employed by the special counsel; and
7-11                 (7)  any other person appointed by the commission to
7-12     assist the commission in performing its duties.
7-13           SECTION 8.  Subchapter A, Chapter 33, Government Code, is
7-14     amended by adding Sections 33.007-33.009 to read as follows:
7-15           Sec. 33.007.  DISTRIBUTION OF MATERIALS TO JUDGES AND THE
7-16     PUBLIC. (a)  The commission shall develop and distribute
7-17     plain-language materials as described by this section to judges and
7-18     the public.
7-19           (b)  The materials must include a description of:
7-20                 (1)  the commission's responsibilities;
7-21                 (2)  the types of conduct that constitute judicial
7-22     misconduct;
7-23                 (3)  the types of sanctions issued by the commission,
7-24     including orders of additional education; and
7-25                 (4)  the commission's policies and procedures relating
7-26     to complaint investigation and resolution.
7-27           (c)  The materials shall be provided in English and Spanish.
 8-1           (d)  The commission shall provide to each person filing a
 8-2     complaint with the commission the materials described by this
 8-3     section.
 8-4           (e)  The commission shall adopt a policy to effectively
 8-5     distribute materials as required by this section.
 8-6           Sec. 33.008.  PUBLICATION OF SANCTIONS. The Texas Bar Journal
 8-7     shall periodically publish sanctions and orders of additional
 8-8     education issued by the commission.
 8-9           Sec. 33.009.  JUDICIAL MISCONDUCT INFORMATION. The commission
8-10     shall routinely provide to entities that provide education to
8-11     judges information relating to judicial misconduct resulting in
8-12     sanctions or orders of additional education issued by the
8-13     commission.  The commission shall categorize the information by
8-14     level of judge and type of misconduct.
8-15           SECTION 9. Chapter 33, Government Code, is amended by
8-16     amending the heading of Subchapter B to read as follows:
8-17                      SUBCHAPTER B.  POWERS AND DUTIES
8-18           SECTION 10. Section 33.021, Government Code, is amended to
8-19     read as follows:
8-20           Sec. 33.021.  GENERAL POWERS OF COMMISSION. The commission
8-21     may:
8-22                 (1)  design and use a seal;
8-23                 (2)  employ persons that it considers necessary to
8-24     carry out the duties and powers of the commission;
8-25                 (3)  employ special counsel as it considers necessary;
8-26                 (4)  arrange for attendance of witnesses[, including
8-27     those not subject to subpoena];
 9-1                 (5)  arrange for and compensate expert witnesses and
 9-2     reporters; and
 9-3                 (6)  pay from its available funds the reasonably
 9-4     necessary expenses of carrying out its duties under the
 9-5     constitution, including providing compensation to special masters.
 9-6           SECTION 11. Subchapter B, Chapter 33, Government Code, is
 9-7     amended by adding Section 33.0211 to read as follows:
 9-8           Sec. 33.0211.  COMPLAINTS. (a)  The commission shall maintain
 9-9     a file on each written complaint filed with the commission.  The
9-10     file must include:
9-11                 (1)  the name of the person who filed the complaint;
9-12                 (2)  the date the complaint is received by the
9-13     commission;
9-14                 (3)  the subject matter of the complaint;
9-15                 (4)  the name of each person contacted in relation to
9-16     the complaint;
9-17                 (5)  a summary of the results of the review or
9-18     investigation of the complaint; and
9-19                 (6)  an explanation of the reason the file was closed,
9-20     if the commission closed the file without taking action other than
9-21     to investigate the complaint.
9-22           (b)  The commission, at least quarterly until final
9-23     disposition of the complaint, shall notify the person filing the
9-24     complaint of the status of the investigation unless the notice
9-25     would jeopardize an undercover investigation.
9-26           SECTION 12. Section 33.022, Government Code, is amended by
9-27     amending Subsections (c) and (i) and adding Subsection (l) to read
 10-1    as follows:
 10-2          (c)  If, after conducting a preliminary investigation under
 10-3    this section, the commission does not determine that an allegation
 10-4    or appearance of misconduct or disability is unfounded or
 10-5    frivolous, the commission:
 10-6                (1)  shall:
 10-7                      (A)  conduct a full investigation of the
 10-8    circumstances surrounding the allegation or appearance of
 10-9    misconduct or disability; and
10-10                      (B)  notify the judge in writing of:
10-11                            (i)  the commencement of the investigation;
10-12    and
10-13                            (ii)  the nature of the allegation or
10-14    appearance of misconduct or disability being investigated; and
10-15                (2)  may:
10-16                      (A)  request the judge to:
10-17                            (i)  submit a written response to the
10-18    allegation or appearance of misconduct or disability; or
10-19                            (ii)  appear informally before the
10-20    commission; [or]
10-21                      (B)  order the deposition of any person other
10-22    than the judge; or
10-23                      (C)  request the complainant to appear informally
10-24    before the commission.
10-25          (i)  The notice shall be served on the judge or the judge's
10-26    attorney of record by personal service of a copy of the notice by a
10-27    [member of the commission or by some] person designated by the
 11-1    chairperson. The person serving the notice shall promptly notify
 11-2    the clerk in writing of the date on which the notice was served. If
 11-3    it appears to the chairperson on affidavit that, after reasonable
 11-4    effort during a period of 10 days, personal service could not be
 11-5    had, service may be made by mailing by registered or certified mail
 11-6    copies of the notice addressed to the judge at the judge's chambers
 11-7    or at the judge's last known residence in an envelope marked
 11-8    "personal and confidential."   The date of mailing shall be entered
 11-9    in the docket.
11-10          (l)  The commission shall adopt a policy that provides
11-11    procedures for hearing from judges and complainants appearing
11-12    before the commission.  The policy shall ensure the confidentiality
11-13    of a complainant's identity as provided under Section 33.0321.
11-14          SECTION 13. Sections 33.023(a) and (b), Government Code, are
11-15    amended to read as follows:
11-16          (a)  In any investigation or proceeding that involves the
11-17    [involuntary retirement of a judge because of] physical or mental
11-18    incapacity of a judge [to discharge the judge's duty], the
11-19    commission may order the judge to submit to a physical or mental
11-20    examination by one or more qualified physicians or a mental
11-21    examination by one or more qualified psychologists selected and
11-22    paid for by the commission.
11-23          (b)  The commission shall give the judge written notice of
11-24    the examination not later than 10 days before the date of the
11-25    examination.  The notice must include the physician's name and the
11-26    date, time, and place of the examination.  [The examination must be
11-27    in a city or town in which the judge permanently or temporarily
 12-1    resides, or at a location in the state to which the judge
 12-2    consents.]
 12-3          SECTION 14. Section 33.032, Government Code, is amended by
 12-4    amending Subsections (a), (b), and (c) and adding Subsections (f)
 12-5    and (g) to read as follows:
 12-6          (a)  Except as otherwise provided by this section and Section
 12-7    33.034 [and Subsections (c), (d), and (e)], the papers filed with
 12-8    and proceedings before the commission are confidential prior to the
 12-9    filing of formal charges [convening of a formal hearing].
12-10          (b)  The formal hearing and any evidence introduced during
12-11    the formal hearing, including papers, records, documents, and
12-12    pleadings filed with the clerk, shall be public [on the convening
12-13    of the formal hearing].
12-14          (c)  On issuance of [If the commission issues] a public
12-15    admonition, warning, reprimand, or public requirement that a person
12-16    obtain additional training or education by the commission, the
12-17    record of the informal appearance and the [all papers,] documents
12-18    presented to [, evidence, and records considered by] the commission
12-19    during the informal appearance that are not protected by
12-20    attorney-client or work product privilege [, or forwarded to the
12-21    commission by its staff, in the proceedings] shall be public.
12-22          (f)  If the commission issues an order suspending a judge who
12-23    has been indicted for a criminal offense, the order, any withdrawal
12-24    of the order, and all records and proceedings related to the
12-25    suspension shall be public.
12-26          (g)  The commission may release to the Office of the Chief
12-27    Disciplinary Counsel of the State Bar of Texas information
 13-1    indicating that an attorney, including a judge who is acting in the
 13-2    judge's capacity as an attorney, has violated the Texas
 13-3    Disciplinary Rules of Professional Conduct.
 13-4          SECTION 15. Subchapter B, Chapter 33, Government Code, is
 13-5    amended by adding Section 33.0321 to read as follows:
 13-6          Sec. 33.0321.  CONFIDENTIALITY OF COMPLAINANT'S IDENTITY. On
 13-7    the request of a complainant, the commission may keep the
 13-8    complainant's identity confidential.
 13-9          SECTION 16. Section 33.033, Government Code, is amended by
13-10    amending Subsections (a) and (b) and adding Subsection (e) to read
13-11    as follows:
13-12          (a)  The commission shall promptly notify a complainant of
13-13    the disposition of the case [complaint].
13-14          (b)  The communication shall inform the complainant that:
13-15                (1)  the case [complaint] has been dismissed;
13-16                (2)  a private sanction or order of additional
13-17    education has been issued by the commission [appropriate action has
13-18    been taken, the nature of which will not be disclosed unless
13-19    disclosure is authorized under Section 33.032];
13-20                (3)  a public sanction has been issued by the
13-21    commission; [or]
13-22                (4)  formal proceedings have been instituted; or
13-23                (5)  a judge has resigned from judicial office in lieu
13-24    of disciplinary action by the commission.
13-25          (e)  If the complaint is dismissed by the commission, the
13-26    commission shall include in the notification under Subsection (a):
13-27                (1)  an explanation of each reason for the dismissal;
 14-1    and
 14-2                (2)  information relating to requesting reconsideration
 14-3    of the dismissed complaint as provided by Sections 33.035(a) and
 14-4    (f).
 14-5          SECTION 17. Section 33.034(h), Government Code, is amended to
 14-6    read as follows:
 14-7          (h)  Within 30 days after the date on which the charging
 14-8    document is filed with the clerk, the court shall conduct a hearing
 14-9    on the charging document.  The court may, if good cause is shown,
14-10    grant one or more continuances not to exceed a total of 60 [30]
14-11    days. Within 60 days after the hearing, the court[, in its
14-12    discretion,] shall issue a decision as to the proper disposition of
14-13    the appeal.
14-14          SECTION 18. Subchapter B, Chapter 33, Government Code, is
14-15    amended by adding Sections 33.035-33.037 to read as follows:
14-16          Sec. 33.035.  RECONSIDERATION OF COMPLAINT. (a)  A
14-17    complainant may request reconsideration of a dismissed complaint
14-18    if, not later than the 30th day after the date of the communication
14-19    informing the complainant of the dismissal, the complainant
14-20    provides additional evidence of misconduct committed by the judge.
14-21          (b)  The commission shall deny a request for reconsideration
14-22    if the complainant does not meet the requirements under Subsection
14-23    (a).  The commission shall notify the complainant of the denial in
14-24    writing.
14-25          (c)  The commission shall grant a request for reconsideration
14-26    if the complainant meets the requirements under Subsection (a).
14-27    After granting a request, the commission shall vote to:
 15-1                (1)  affirm the original decision to dismiss the
 15-2    complaint; or
 15-3                (2)  reopen the complaint.
 15-4          (d)  The commission shall notify the complainant of the
 15-5    results of the commission's vote under Subsection (c) in writing.
 15-6          (e)  The commission shall conduct an appropriate
 15-7    investigation of a  complaint reopened under Subsection (c)(2).
 15-8    The investigation shall be assigned to commission staff who were
 15-9    not assigned to the original investigation.
15-10          (f)  A complainant may request reconsideration of a dismissed
15-11    complaint under this section only once.
15-12          Sec. 33.036.  CERTAIN DISCLOSURE OF INFORMATION. (a)  To
15-13    protect the public interest, the commission may disclose
15-14    information relating to an investigation or proceeding under this
15-15    chapter to:
15-16                (1)  a law enforcement agency;
15-17                (2)  a public official who is authorized or required by
15-18    law to appoint a person to serve as a judge;
15-19                (3)  the supreme court; or
15-20                (4)  an entity that provides commission-ordered
15-21    education to judges.
15-22          (b)  Information may be disclosed under this section only to
15-23    the extent necessary for the recipient of the information to
15-24    perform an official duty or function.
15-25          Sec. 33.037.  AUTOMATIC REMOVAL. A judge is automatically
15-26    removed from the judge's office if the judge is convicted of or is
15-27    granted deferred adjudication for:
 16-1                (1)  a felony; or
 16-2                (2)  a misdemeanor involving official misconduct.
 16-3          SECTION 19. Subchapter F, Chapter 411, Government Code, is
 16-4    amended by adding Section 411.137 to read as follows:
 16-5          Sec. 411.137.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
 16-6    STATE COMMISSION ON JUDICIAL CONDUCT. (a)  The State Commission on
 16-7    Judicial Conduct is entitled to obtain from the department criminal
 16-8    history record information maintained by the department that
 16-9    relates to a person who is:
16-10                (1)  a judge who is the subject of an investigation or
16-11    proceeding under Chapter 33; or
16-12                (2)  the complainant or a witness in an investigation
16-13    or a proceeding under Chapter 33.
16-14          (b)  Information received by the commission is confidential
16-15    and may be disseminated only in an investigation or proceeding
16-16    conducted by the commission.
16-17          (c)  The commission shall destroy criminal history record
16-18    information obtained under this section promptly after a final
16-19    determination is made in the matter for which the information was
16-20    obtained.
16-21          SECTION 20. (a)  Not later than January 1, 2002, the State
16-22    Commission on Judicial Conduct shall:
16-23                (1)  develop plain-language materials and adopt a
16-24    policy to effectively distribute the materials as required by
16-25    Section 33.007, Government Code, as added by this Act; and
16-26                (2)  adopt a policy that provides hearing procedures as
16-27    required by Section 33.022(l), Government Code, as added by this
 17-1    Act.
 17-2          (b)  Section 33.032, Government Code, as amended by this Act,
 17-3    applies to papers filed with and proceedings before the State
 17-4    Commission on Judicial Conduct, regardless of whether the papers
 17-5    were filed or the proceedings were commenced before, on, or after
 17-6    the effective date of this Act.
 17-7          (c)  Section 33.036, Government Code, as added by this Act,
 17-8    applies to information relating to an investigation or proceeding
 17-9    commenced before, on, or after the effective date of this Act.
17-10          (d)  Section 33.0043, Government Code, as added by this Act,
17-11    applies only to a member of the State Commission on Judicial
17-12    Conduct appointed on or after the effective date of this Act.
17-13          (e)  Section 33.0211, Government Code, as added by this Act,
17-14    and Section 33.033, Government Code, as amended by this Act, apply
17-15    only to complaints filed with the State Commission on Judicial
17-16    Conduct on or after the effective date of this Act.
17-17          (f)  Section 33.001, Government Code, as amended by this Act,
17-18    applies only to conduct that occurs or an act committed on or after
17-19    the effective date of this Act.  Conduct that occurs or an act
17-20    committed before the effective date of this Act is covered by the
17-21    law in effect at the time the conduct occurred or the act was
17-22    committed, and the former law is continued in effect for that
17-23    purpose.
17-24          (g)  Section 33.004, Government Code, as amended by this Act,
17-25    applies only to the compensation of a special master appointed on
17-26    or after the effective date of this Act.  The compensation of a
17-27    special master appointed before the effective date of this Act is
 18-1    governed by the law in effect at the time the appointment was made,
 18-2    and the former law is continued in effect for that purpose.
 18-3          (h)  Section 33.006, Government Code, as amended by this Act,
 18-4    applies only to a cause of action that accrues on or after the
 18-5    effective date of this Act.  A cause of action that accrues before
 18-6    the effective date of this Act is governed by the law in effect at
 18-7    the time the cause of action accrued, and that law is continued in
 18-8    effect for that purpose.
 18-9          (i)  Section 33.037, Government Code, as added by this Act,
18-10    applies only to a judgment of conviction or a grant of deferred
18-11    adjudication for an offense committed on or after the effective
18-12    date of this Act.  A judgment of conviction or a grant of deferred
18-13    adjudication for an offense committed before the effective date of
18-14    this Act is covered by the law in effect when the offense was
18-15    committed, and the former law is continued in effect for that
18-16    purpose.  For purposes of this subsection, an offense was committed
18-17    before the effective date of this Act if any element of the offense
18-18    occurred before that date.
18-19          SECTION 21. This Act takes effect September 1, 2001.