By: Lucio S.B. No. 303
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.
1-25 (c) The definitions [definition] provided by Subsections
2-1 [Subsection] (b) and (d) are [is] not exclusive.
2-2 (d) For purposes of Subdivision (6), Section 1-a, Article V,
2-3 Texas Constitution, a misdemeanor involving official misconduct
2-4 includes a misdemeanor involving an act relating to a judicial
2-5 office or a misdemeanor involving an act involving moral turpitude.
2-6 SECTION 2. Section 33.002, Government Code, is amended by
2-7 adding Subsection (c) to read as follows:
2-8 (c) Appointments to the commission shall be made without
2-9 regard to the race, color, disability, sex, religion, age, or
2-10 national origin of the appointees.
2-11 SECTION 3. Subchapter A, Chapter 33, Government Code, is
2-12 amended by adding Section 33.0032 to read as follows:
2-13 Sec. 33.0032. CONFLICT OF INTEREST. (a) In this section,
2-14 "Texas trade association" means a cooperative and voluntarily
2-15 joined association of business or professional competitors in this
2-16 state designed to assist its members and its industry or profession
2-17 in dealing with mutual business or professional problems and in
2-18 promoting their common interest.
2-19 (b) A person may not be a commission employee employed in a
2-20 "bona fide executive, administrative, or professional capacity," as
2-21 that phrase is used for purposes of establishing an exemption to
2-22 the overtime provisions of the federal Fair Labor Standards Act of
2-23 1938 (29 U.S.C. Section 201 et seq.), and its subsequent
2-24 amendments, if:
2-25 (1) the person is an officer, employee, or paid
2-26 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. Subsection (c), Section 33.004, Government Code,
3-11 is amended to 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 [a per diem of $25 for each day or part of a day that the
3-19 person spends in the performance of the duties of] special master.
3-20 [In addition, the special master is entitled to an amount equal to
3-21 the difference between the retirement benefits that the person
3-22 receives as a retired judge or justice and the compensation that
3-23 the state pays an active judge or justice of the court from which
3-24 the person retired. The per diem and compensation under this
3-25 subsection is in addition to the retirement benefits to which the
3-26 person is entitled.]
4-1 SECTION 5. Subchapter A, Chapter 33, Government Code, is
4-2 amended by adding Sections 33.0041 through 33.0046 to read as
4-3 follows:
4-4 Sec. 33.0041. REMOVAL OF COMMISSION MEMBER; NOTIFICATION
4-5 PROCEDURES. If the executive director has knowledge that a
4-6 potential ground for removal of a commission member exists, the
4-7 executive director shall notify the presiding officer of the
4-8 commission of the potential ground. The presiding officer shall
4-9 then notify the governor and the attorney general that a potential
4-10 ground for removal exists. If the potential ground for removal
4-11 involves the presiding officer, the executive director shall notify
4-12 the next highest ranking officer of the commission, who shall then
4-13 notify the governor and the attorney general that a potential
4-14 ground for removal exists.
4-15 Sec. 33.0042. REQUIREMENTS FOR OFFICE OR EMPLOYMENT:
4-16 INFORMATION. The executive director or the executive director's
4-17 designee shall provide to members of the commission and to agency
4-18 employees, as often as necessary, information regarding the
4-19 requirements for office or employment under this chapter and
4-20 Section 1-a, Article V, Texas Constitution, including information
4-21 regarding a person's responsibilities under applicable laws
4-22 relating to standards of conduct for state officers or employees.
4-23 Sec. 33.0043. COMMISSION MEMBER TRAINING. (a) A person who
4-24 is appointed to and qualifies for office as a member of the
4-25 commission shall complete a training program that complies with
4-26 this section.
5-1 (b) The training program must provide the person with
5-2 information regarding:
5-3 (1) the legislation that created the commission;
5-4 (2) the programs operated by the commission;
5-5 (3) the role and functions of the commission;
5-6 (4) the rules of the commission with an emphasis on
5-7 the rules that relate to disciplinary and investigatory authority;
5-8 (5) the current budget for the commission;
5-9 (6) the results of the most recent formal audit of the
5-10 commission;
5-11 (7) the requirements of:
5-12 (A) the administrative procedure law, Chapter
5-13 2001; and
5-14 (B) other laws relating to public officials,
5-15 including conflict-of-interest laws; and
5-16 (8) any applicable ethics policies adopted by the
5-17 commission or the Texas Ethics Commission.
5-18 (c) A person appointed to the commission is entitled to
5-19 reimbursement, as provided by the General Appropriations Act, for
5-20 the travel expenses incurred in attending the training program
5-21 regardless of whether the attendance at the program occurs before
5-22 or after the person qualifies for office.
5-23 Sec. 33.0044. DIVISION OF RESPONSIBILITY. The commission
5-24 shall develop and implement policies that clearly separate the
5-25 policy-making responsibilities of the commission and the management
5-26 responsibilities of the executive director and staff of the
6-1 commission.
6-2 Sec. 33.0045. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.
6-3 (a) The executive director or the executive director's designee
6-4 shall prepare and maintain a written policy statement that
6-5 implements a program of equal employment opportunity to ensure that
6-6 all personnel decisions are made without regard to race, color,
6-7 disability, sex, religion, age, or national origin.
6-8 (b) The policy statement must include:
6-9 (1) personnel policies, including policies relating to
6-10 recruitment, evaluation, selection, training, and promotion of
6-11 personnel, that show the intent of the commission to avoid the
6-12 unlawful employment practices described by Chapter 21, Labor Code;
6-13 and
6-14 (2) an analysis of the extent to which the composition
6-15 of the commission's personnel is in accordance with state and
6-16 federal law and a description of reasonable methods to achieve
6-17 compliance with state and federal law.
6-18 (c) The policy statement must:
6-19 (1) be updated annually;
6-20 (2) be reviewed by the state Commission on Human
6-21 Rights for compliance with Subsection (b)(1); and
6-22 (3) be filed with the governor's office.
6-23 Sec. 33.0046. STATE EMPLOYEE INCENTIVE PROGRAM: INFORMATION
6-24 AND TRAINING. The executive director or the executive director's
6-25 designee shall provide to agency employees information and training
6-26 on the benefits and methods of participation in the state employee
7-1 incentive program.
7-2 SECTION 6. Subsection (e), Section 33.005, Government Code,
7-3 is amended to read as follows:
7-4 (e) The Texas Bar Journal shall publish public statements
7-5 and summaries of sanctions issued by [a report received from] the
7-6 commission [under Subsection (c)].
7-7 SECTION 7. Subsection (a), Section 33.006, Government Code,
7-8 is amended to read as follows:
7-9 (a) This section applies to:
7-10 (1) the commission;
7-11 (2) a member of the commission;
7-12 (3) the executive director of the commission;
7-13 (4) an employee of the commission;
7-14 (5) a special master appointed under Section 1-a(8),
7-15 Article V, Texas Constitution; [and]
7-16 (6) special counsel for the commission and any person
7-17 employed by the special counsel; and
7-18 (7) any other person appointed by the commission to
7-19 assist the commission in performing its duties.
7-20 SECTION 8. Subchapter A, Chapter 33, Government Code, is
7-21 amended by adding Sections 33.007 and 33.008 to read as follows:
7-22 Sec. 33.007. DISTRIBUTION OF MATERIALS TO JUDGES AND THE
7-23 PUBLIC. (a) The commission shall develop and distribute
7-24 plain-language materials as described by this section to judges and
7-25 the public.
7-26 (b) The materials must include a description of:
8-1 (1) the commission's responsibilities;
8-2 (2) the types of conduct that constitute judicial
8-3 misconduct;
8-4 (3) the types of sanctions issued by the commission,
8-5 including orders of additional education; and
8-6 (4) the commission's policies and procedures relating
8-7 to complaint investigation and resolution.
8-8 (c) The materials shall be provided in English and Spanish.
8-9 (d) The commission shall provide to each person filing a
8-10 complaint with the commission the materials described by this
8-11 section.
8-12 (e) The commission shall adopt a policy to effectively
8-13 distribute materials as required by this section.
8-14 Sec. 33.008. JUDICIAL MISCONDUCT INFORMATION. The
8-15 commission shall routinely provide to entities that provide
8-16 education to judges information relating to judicial misconduct
8-17 resulting in sanctions or orders of additional education issued by
8-18 the commission. The commission shall categorize the information by
8-19 level of judge and type of misconduct.
8-20 SECTION 9. Chapter 33, Government Code, is amended by
8-21 amending the heading of Subchapter B to read as follows:
8-22 SUBCHAPTER B. POWERS AND DUTIES
8-23 SECTION 10. Section 33.021, Government Code, is amended to
8-24 read as follows:
8-25 Sec. 33.021. GENERAL POWERS OF COMMISSION. The commission
8-26 may:
9-1 (1) design and use a seal;
9-2 (2) employ persons that it considers necessary to
9-3 carry out the duties and powers of the commission;
9-4 (3) employ special counsel as it considers necessary;
9-5 (4) arrange for attendance of witnesses[, including
9-6 those not subject to subpoena];
9-7 (5) arrange for and compensate expert witnesses and
9-8 reporters; and
9-9 (6) pay from its available funds the reasonably
9-10 necessary expenses of carrying out its duties under the
9-11 constitution, including providing compensation to special masters.
9-12 SECTION 11. Subchapter B, Chapter 33, Government Code, is
9-13 amended by adding Section 33.0211 to read as follows:
9-14 Sec. 33.0211. COMPLAINTS. (a) The commission shall
9-15 maintain a file on each written complaint filed with the
9-16 commission. The file must include:
9-17 (1) the name of the person who filed the complaint;
9-18 (2) the date the complaint is received by the
9-19 commission;
9-20 (3) the subject matter of the complaint;
9-21 (4) the name of each person contacted in relation to
9-22 the complaint;
9-23 (5) a summary of the results of the review or
9-24 investigation of the complaint; and
9-25 (6) an explanation of the reason the file was closed,
9-26 if the commission closed the file without taking action other than
10-1 to investigate the complaint.
10-2 (b) The commission, at least quarterly until final
10-3 disposition of the complaint, shall notify the person filing the
10-4 complaint of the status of the investigation unless the notice
10-5 would jeopardize an undercover investigation.
10-6 SECTION 12. Section 33.022, Government Code, is amended by
10-7 amending Subsections (c) and (i) and adding Subsection (l) to read
10-8 as follows:
10-9 (c) If, after conducting a preliminary investigation under
10-10 this section, the commission does not determine that an allegation
10-11 or appearance of misconduct or disability is unfounded or
10-12 frivolous, the commission:
10-13 (1) shall:
10-14 (A) conduct a full investigation of the
10-15 circumstances surrounding the allegation or appearance of
10-16 misconduct or disability; and
10-17 (B) notify the judge in writing of:
10-18 (i) the commencement of the investigation;
10-19 and
10-20 (ii) the nature of the allegation or
10-21 appearance of misconduct or disability being investigated; and
10-22 (2) may:
10-23 (A) order [request] the judge to:
10-24 (i) submit a written response to the
10-25 allegation or appearance of misconduct or disability; or
10-26 (ii) appear informally before the
11-1 commission; [or]
11-2 (B) order the deposition of any person [other
11-3 than the judge]; or
11-4 (C) request the complainant to appear informally
11-5 before the commission.
11-6 (i) The notice shall be served on the judge or the judge's
11-7 attorney of record by personal service of a copy of the notice by a
11-8 [member of the commission or by some] person designated by the
11-9 chairperson. The person serving the notice shall promptly notify
11-10 the clerk in writing of the date on which the notice was served.
11-11 If it appears to the chairperson on affidavit that, after
11-12 reasonable effort during a period of 10 days, personal service
11-13 could not be had, service may be made by mailing by registered or
11-14 certified mail copies of the notice addressed to the judge at the
11-15 judge's chambers or at the judge's last known residence in an
11-16 envelope marked "personal and confidential." The date of mailing
11-17 shall be entered in the docket.
11-18 (l) The commission shall adopt a policy that provides
11-19 procedures for hearing from judges and complainants appearing
11-20 before the commission. The policy shall ensure the confidentiality
11-21 of a complainant's identity as provided under Section 33.0321.
11-22 SECTION 13. Subsections (a) and (b), Section 33.023,
11-23 Government Code, are amended to read as follows:
11-24 (a) In any investigation or proceeding that involves the
11-25 [involuntary retirement of a judge because of] physical or mental
11-26 incapacity of a judge [to discharge the judge's duty], the
12-1 commission may order the judge to submit to a physical or mental
12-2 examination by one or more qualified physicians or a mental
12-3 examination by one or more qualified psychologists selected and
12-4 paid for by the commission.
12-5 (b) The commission shall give the judge written notice of
12-6 the examination not later than 10 days before the date of the
12-7 examination. The notice must include the physician's name and the
12-8 date, time, and place of the examination. [The examination must be
12-9 in a city or town in which the judge permanently or temporarily
12-10 resides, or at a location in the state to which the judge
12-11 consents.]
12-12 SECTION 14. Section 33.032, Government Code, is amended by
12-13 amending Subsections (a), (b), and (c), and adding Subsections (f),
12-14 (g), and (h) to read as follows:
12-15 (a) Except as otherwise provided by this section and Section
12-16 33.034 [and Subsections (c), (d), and (e)], the papers filed with
12-17 and proceedings before the commission are confidential prior to the
12-18 filing of formal charges [convening of a formal hearing].
12-19 (b) The formal hearing and any evidence introduced during
12-20 the formal hearing, including papers, records, documents, and
12-21 pleadings filed with the clerk, shall be public [on the convening
12-22 of the formal hearing].
12-23 (c) On issuance of [If the commission issues] a public
12-24 admonition, warning, reprimand, or public requirement that a person
12-25 obtain additional training or education by the commission, the
12-26 record of the informal appearance and the [all papers,] documents
13-1 presented to[, evidence, and records considered by] the commission
13-2 during the informal appearance that are not protected by
13-3 attorney-client or work product privilege[, or forwarded to the
13-4 commission by its staff, in the proceedings] shall be public.
13-5 (f) The commission may release to the Office of the Chief
13-6 Disciplinary Counsel of the State Bar of Texas information
13-7 indicating that an attorney, including a judge who is acting in the
13-8 judge's capacity as an attorney, has violated the Texas
13-9 Disciplinary Rules of Professional Conduct.
13-10 (g) If the commission issues an order suspending a judge who
13-11 has been indicted for a criminal offense, the order, any withdrawal
13-12 of the order, and all records and proceedings related to the
13-13 suspension shall be public.
13-14 (h) A voluntary agreement to resign from judicial office in
13-15 lieu of disciplinary action by the commission shall be public on
13-16 the commission's acceptance of the agreement. The agreement and
13-17 any agreed statement of facts relating to the agreement are
13-18 admissible in a subsequent proceeding before the commission. An
13-19 agreed statement of facts may be released to the public only if the
13-20 judge violates a term of the agreement.
13-21 SECTION 15. Subchapter B, Chapter 33, Government Code, is
13-22 amended by adding Section 33.0321 to read as follows:
13-23 Sec. 33.0321. CONFIDENTIALITY OF COMPLAINANT'S IDENTITY. On
13-24 the request of a complainant, the commission may keep the
13-25 complainant's identity confidential.
13-26 SECTION 16. Section 33.033, Government Code, is amended by
14-1 amending Subsections (a) and (b) and adding Subsection (e) to read
14-2 as follows:
14-3 (a) The commission shall promptly notify a complainant of
14-4 the disposition of the case [complaint].
14-5 (b) The communication shall inform the complainant that:
14-6 (1) the case [complaint] has been dismissed;
14-7 (2) a private sanction or order of additional
14-8 education has been issued by the commission [appropriate action has
14-9 been taken, the nature of which will not be disclosed unless
14-10 disclosure is authorized under Section 33.032];
14-11 (3) a public sanction has been issued by the
14-12 commission; [or]
14-13 (4) formal proceedings have been instituted; or
14-14 (5) a judge has resigned from judicial office in lieu
14-15 of disciplinary action by the commission.
14-16 (e) If the complaint is dismissed by the commission, the
14-17 commission shall include in the notification under Subsection (a):
14-18 (1) an explanation of each reason for the dismissal;
14-19 and
14-20 (2) information relating to requesting reconsideration
14-21 of the dismissed complaint as provided by Sections 33.035(a) and
14-22 (f).
14-23 SECTION 17. Subsection (h), Section 33.034, Government Code,
14-24 is amended to read as follows:
14-25 (h) Within 30 days after the date on which the charging
14-26 document is filed with the clerk, the court shall conduct a hearing
15-1 on the charging document. The court may, if good cause is shown,
15-2 grant one or more continuances not to exceed a total of 60 [30]
15-3 days. Within 60 days after the hearing, the court[, in its
15-4 discretion,] shall issue a decision as to the proper disposition of
15-5 the appeal.
15-6 SECTION 18. Subchapter B, Chapter 33, Government Code, is
15-7 amended by adding Sections 33.035, 33.036, and 33.037 to read as
15-8 follows:
15-9 Sec. 33.035. RECONSIDERATION OF COMPLAINT. (a) A
15-10 complainant may request reconsideration of a dismissed complaint
15-11 if, not later than the 30th day after the date of the communication
15-12 informing the complainant of the dismissal, the complainant
15-13 provides additional evidence of misconduct committed by the judge.
15-14 (b) The commission shall deny a request for reconsideration
15-15 if the complainant does not meet the requirements under Subsection
15-16 (a). The commission shall notify the complainant of the denial in
15-17 writing.
15-18 (c) The commission shall grant a request for reconsideration
15-19 if the complainant meets the requirements under Subsection (a).
15-20 After granting a request, the commission shall vote to:
15-21 (1) affirm the original decision to dismiss the
15-22 complaint; or
15-23 (2) reopen the complaint.
15-24 (d) The commission shall notify the complainant of the
15-25 results of the commission's vote under Subsection (c) in writing.
15-26 (e) The commission shall conduct a full investigation of a
16-1 complaint reopened under Subsection (c)(2). The investigation
16-2 shall be conducted by commission staff who were not involved in the
16-3 original investigation.
16-4 (f) A complainant may request reconsideration of a dismissed
16-5 complaint under this section only once.
16-6 Sec. 33.036. CERTAIN DISCLOSURE OF INFORMATION. (a) To
16-7 protect the public interest, the commission may disclose
16-8 information relating to an investigation or proceeding under this
16-9 chapter to:
16-10 (1) a law enforcement agency;
16-11 (2) a public official who is authorized or required by
16-12 law to appoint a person to serve as a judge;
16-13 (3) a court; or
16-14 (4) an entity that provides commission-ordered
16-15 education to judges.
16-16 (b) Information may be disclosed under this section only to
16-17 the extent necessary for the recipient of the information to
16-18 perform an official duty or function.
16-19 Sec. 33.037. CONTINUATION OF SUSPENSION ORDER. If a judge
16-20 who is indicted for a felony or charged with a misdemeanor
16-21 involving official misconduct is convicted of or granted deferred
16-22 adjudication for the offense, an order of suspension in effect on
16-23 the date of conviction or grant of deferred adjudication shall
16-24 remain in effect until the commission takes further action on the
16-25 order.
16-26 SECTION 19. Subchapter F, Chapter 411, Government Code, is
17-1 amended by adding Section 411.137 to read as follows:
17-2 Sec. 411.137. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
17-3 STATE COMMISSION ON JUDICIAL CONDUCT. (a) The State Commission on
17-4 Judicial Conduct is entitled to obtain from the department criminal
17-5 history record information maintained by the department that
17-6 relates to a person who is:
17-7 (1) a judge who is the subject of an investigation or
17-8 proceeding under Chapter 33; or
17-9 (2) the complainant or a witness in an investigation
17-10 or a proceeding under Chapter 33.
17-11 (b) Information received by the State Commission on Judicial
17-12 Conduct is confidential and may be disseminated only in an
17-13 investigation or proceeding conducted by the commission.
17-14 (c) The State Commission on Judicial Conduct shall destroy
17-15 criminal history record information obtained under this section
17-16 promptly after a final determination is made in the matter for
17-17 which the information was obtained.
17-18 SECTION 20. (a) Not later than January 1, 2002, the State
17-19 Commission on Judicial Conduct shall:
17-20 (1) develop plain-language materials and adopt a
17-21 policy to effectively distribute the materials as required by
17-22 Section 33.007, Government Code, as added by this Act; and
17-23 (2) adopt a policy that provides hearing procedures as
17-24 required by Subsection (l), Section 33.022, Government Code, as
17-25 added by this Act.
17-26 (b) Section 33.032, Government Code, as amended by this Act,
18-1 applies to papers filed with and proceedings before the State
18-2 Commission on Judicial Conduct, regardless of whether the papers
18-3 were filed or the proceedings were commenced before, on, or after
18-4 the effective date of this Act.
18-5 (c) Section 33.036, Government Code, as added by this Act,
18-6 applies to information relating to an investigation or proceeding
18-7 commenced before, on, or after the effective date of this Act.
18-8 (d) Section 33.0043, Government Code, as added by this Act,
18-9 applies only to a member of the State Commission on Judicial
18-10 Conduct appointed on or after the effective date of this Act.
18-11 (e) Section 33.0211 and Subsection (e), Section 33.033,
18-12 Government Code, as added by this Act, apply only to complaints
18-13 filed with the State Commission on Judicial Conduct on or after the
18-14 effective date of this Act.
18-15 SECTION 21. (a) Section 33.001, Government Code, as amended
18-16 by this Act, applies only to conduct that occurs or an act
18-17 committed on or after the effective date of this Act. Conduct that
18-18 occurs or an act committed before the effective date of this Act is
18-19 covered by the law in effect at the time the conduct occurred or
18-20 the act was committed, and the former law is continued in effect
18-21 for that purpose.
18-22 (b) Section 33.004, Government Code, as amended by this Act,
18-23 applies only to the compensation of a special master appointed on
18-24 or after the effective date of this Act. The compensation of a
18-25 special master appointed before the effective date of this Act is
18-26 governed by the law in effect at the time the appointment was made,
19-1 and the former law is continued in effect for that purpose.
19-2 (c) Section 33.006, Government Code, as amended by this Act,
19-3 applies only to a cause of action that accrues on or after the
19-4 effective date of this Act. A cause of action that accrues before
19-5 the effective date of this Act is governed by the law in effect at
19-6 the time the cause of action accrued, and that law is continued in
19-7 effect for that purpose.
19-8 (d) Section 33.033, Government Code, as amended by this Act,
19-9 applies only to complaints filed with the State Commission on
19-10 Judicial Conduct on or after the effective date of this Act.
19-11 (e) Section 33.037, Government Code, as added by this Act,
19-12 applies only to a judgment of conviction or a grant of deferred
19-13 adjudication for an offense committed on or after the effective
19-14 date of this Act. A judgment of conviction or a grant of deferred
19-15 adjudication for an offense committed before the effective date of
19-16 this Act is covered by the law in effect when the offense was
19-17 committed, and the former law is continued in effect for that
19-18 purpose. For purposes of this subsection, an offense was committed
19-19 before the effective date of this Act if any element of the offense
19-20 occurred before that date.
19-21 SECTION 22. This Act takes effect September 1, 2001.