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 because of the person's activities for
 3-8     compensation on behalf of a profession related to the operation of
 3-9     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, the supreme court, the state bar, and the
4-10     attorney general that a potential ground for removal exists.  If
4-11     the potential ground for removal involves the presiding officer,
4-12     the executive director shall notify the next highest ranking
4-13     officer of the commission, who shall then notify the governor, the
4-14     supreme court, the state bar, and the attorney general that a
4-15     potential ground for removal exists.
4-16           Sec. 33.0042.  REQUIREMENTS FOR OFFICE OR EMPLOYMENT:
4-17     INFORMATION.  The executive director or the executive director's
4-18     designee shall provide to members of the commission and to agency
4-19     employees, as often as necessary, information regarding the
4-20     requirements for office or employment under this chapter and
4-21     Section 1-a, Article V, Texas Constitution, including information
4-22     regarding a person's responsibilities under applicable laws
4-23     relating to standards of conduct for state officers or employees.
4-24           Sec. 33.0043.  COMMISSION MEMBER TRAINING.  (a)  A person who
4-25     is appointed to and qualifies for office as a member of the
4-26     commission shall complete a training program that complies with
 5-1     this section.
 5-2           (b)  The training program must provide the person with
 5-3     information regarding:
 5-4                 (1)  the legislation that created the commission;
 5-5                 (2)  the programs operated by the commission;
 5-6                 (3)  the role and functions of the commission;
 5-7                 (4)  the rules of the commission with an emphasis on
 5-8     the rules that relate to disciplinary and investigatory authority;
 5-9                 (5)  the current budget for the commission;
5-10                 (6)  the results of the most recent formal audit of the
5-11     commission;
5-12                 (7)  the requirements of laws relating to public
5-13     officials, including conflict-of-interest laws; and
5-14                 (8)  any applicable ethics policies adopted by the
5-15     commission or the Texas Ethics Commission.
5-16           (c)  A person appointed to the commission is entitled to
5-17     reimbursement, as provided by the General Appropriations Act, for
5-18     the travel expenses incurred in attending the training program
5-19     regardless of whether the attendance at the program occurs before
5-20     or after the person qualifies for office.
5-21           Sec. 33.0044.  DIVISION OF RESPONSIBILITY.  The commission
5-22     shall develop and implement policies that clearly separate the
5-23     policy-making responsibilities of the commission and the management
5-24     responsibilities of the executive director and staff of the
5-25     commission.
5-26           Sec. 33.0045.  EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.
 6-1     (a)  The executive director or the executive director's designee
 6-2     shall prepare and maintain a written policy statement that
 6-3     implements a program of equal employment opportunity to ensure that
 6-4     all personnel decisions are made without regard to race, color,
 6-5     disability, sex, religion, age, or national origin.
 6-6           (b)  The policy statement must include:
 6-7                 (1)  personnel policies, including policies relating to
 6-8     recruitment, evaluation, selection, training, and promotion of
 6-9     personnel, that show the intent of the commission to avoid the
6-10     unlawful employment practices described by Chapter 21, Labor Code;
6-11     and
6-12                 (2)  an analysis of the extent to which the composition
6-13     of the commission's personnel is in accordance with state and
6-14     federal law and a description of reasonable methods to achieve
6-15     compliance with state and federal law.
6-16           (c)  The policy statement must:
6-17                 (1)  be updated annually;
6-18                 (2)  be reviewed by the state Commission on Human
6-19     Rights for compliance with Subsection (b)(1); and
6-20                 (3)  be filed with the governor's office.
6-21           Sec. 33.0046.  STATE EMPLOYEE INCENTIVE PROGRAM:  INFORMATION
6-22     AND TRAINING.  The executive director or the executive director's
6-23     designee shall provide to agency employees information and training
6-24     on the benefits and methods of participation in the state employee
6-25     incentive program.
6-26           SECTION 6.  Subsection (e), Section 33.005, Government Code,
 7-1     is amended to read as follows:
 7-2           (e)  The Texas Bar Journal shall periodically publish public
 7-3     statements, sanctions, and orders of additional education issued by
 7-4     [a report received from] the commission [under Subsection (c)].
 7-5           SECTION 7.  Subsection (a), Section 33.006, Government Code,
 7-6     is amended to read as follows:
 7-7           (a)  This section applies to:
 7-8                 (1)  the commission;
 7-9                 (2)  a member of the commission;
7-10                 (3)  the executive director of the commission;
7-11                 (4)  an employee of the commission;
7-12                 (5)  a special master appointed under Section 1-a(8),
7-13     Article V, Texas Constitution; [and]
7-14                 (6)  special counsel for the commission and any person
7-15     employed by the special counsel; and
7-16                 (7)  any other person appointed by the commission to
7-17     assist the commission in performing its duties.
7-18           SECTION 8.  Subchapter A, Chapter 33, Government Code, is
7-19     amended by adding Sections 33.007 and 33.008 to read as follows:
7-20           Sec. 33.007.  DISTRIBUTION OF MATERIALS TO JUDGES AND THE
7-21     PUBLIC.  (a)  The commission shall develop and distribute
7-22     plain-language materials as described by this section to judges and
7-23     the public.
7-24           (b)  The materials must include a description of:
7-25                 (1)  the commission's responsibilities;
7-26                 (2)  the types of conduct that constitute judicial
 8-1     misconduct;
 8-2                 (3)  the types of sanctions issued by the commission,
 8-3     including orders of additional education; and
 8-4                 (4)  the commission's policies and procedures relating
 8-5     to complaint investigation and resolution.
 8-6           (c)  The materials shall be provided in English and Spanish.
 8-7           (d)  The commission shall provide to each person filing a
 8-8     complaint with the commission the materials described by this
 8-9     section.
8-10           (e)  The commission shall adopt a policy to effectively
8-11     distribute materials as required by this section.
8-12           Sec. 33.008.  JUDICIAL MISCONDUCT INFORMATION.  The
8-13     commission shall routinely provide to entities that provide
8-14     education to judges information relating to judicial misconduct
8-15     resulting in sanctions or orders of additional education issued by
8-16     the commission.  The commission shall categorize the information by
8-17     level of judge and type of misconduct.
8-18           SECTION 9.  Chapter 33, Government Code, is amended by
8-19     amending the heading of Subchapter B to read as follows:
8-20                      SUBCHAPTER B.  POWERS AND DUTIES
8-21           SECTION 10.  Section 33.021, Government Code, is amended to
8-22     read as follows:
8-23           Sec. 33.021.  GENERAL POWERS OF COMMISSION.  The commission
8-24     may:
8-25                 (1)  design and use a seal;
8-26                 (2)  employ persons that it considers necessary to
 9-1     carry out the duties and powers of the commission;
 9-2                 (3)  employ special counsel as it considers necessary;
 9-3                 (4)  arrange for attendance of witnesses[, including
 9-4     those not subject to subpoena];
 9-5                 (5)  arrange for and compensate expert witnesses and
 9-6     reporters; and
 9-7                 (6)  pay from its available funds the reasonably
 9-8     necessary expenses of carrying out its duties under the
 9-9     constitution, including providing compensation to special masters.
9-10           SECTION 11.  Subchapter B, Chapter 33, Government Code, is
9-11     amended by adding Section 33.0211 to read as follows:
9-12           Sec. 33.0211.  COMPLAINTS.  (a)  The commission shall
9-13     maintain a file on each written complaint filed with the
9-14     commission.  The file must include:
9-15                 (1)  the name of the person who filed the complaint;
9-16                 (2)  the date the complaint is received by the
9-17     commission;
9-18                 (3)  the subject matter of the complaint;
9-19                 (4)  the name of each person contacted in relation to
9-20     the complaint;
9-21                 (5)  a summary of the results of the review or
9-22     investigation of the complaint; and
9-23                 (6)  an explanation of the reason the file was closed,
9-24     if the commission closed the file without taking action other than
9-25     to investigate the complaint.
9-26           (b)  The commission, at least quarterly until final
 10-1    disposition of the complaint, shall notify the person filing the
 10-2    complaint of the status of the investigation unless the notice
 10-3    would jeopardize an undercover investigation.
 10-4          SECTION 12.  Section 33.022, Government Code, is amended by
 10-5    amending Subsections (c) and (i) and adding Subsection (l) to read
 10-6    as follows:
 10-7          (c)  If, after conducting a preliminary investigation under
 10-8    this section, the commission does not determine that an allegation
 10-9    or appearance of misconduct or disability is unfounded or
10-10    frivolous, the commission:
10-11                (1)  shall:
10-12                      (A)  conduct a full investigation of the
10-13    circumstances surrounding the allegation or appearance of
10-14    misconduct or disability; and
10-15                      (B)  notify the judge in writing of:
10-16                            (i)  the commencement of the investigation;
10-17    and
10-18                            (ii)  the nature of the allegation or
10-19    appearance of misconduct or disability being investigated; and
10-20                (2)  may:
10-21                      (A)  order [request] the judge to:
10-22                            (i)  submit a written response to the
10-23    allegation or appearance of misconduct or disability; or
10-24                            (ii)  appear informally before the
10-25    commission; [or]
10-26                      (B)  order the deposition of any person; or
 11-1                      (C)  request the complainant to appear informally
 11-2    before the commission [other than the judge].
 11-3          (i)  The notice shall be served on the judge or the judge's
 11-4    attorney of record by personal service of a copy of the notice by a
 11-5    [member of the commission or by some] person designated by the
 11-6    chairperson.  The person serving the notice shall promptly notify
 11-7    the clerk in writing of the date on which the notice was served.
 11-8    If it appears to the chairperson on affidavit that, after
 11-9    reasonable effort during a period of 10 days, personal service
11-10    could not be had, service may be made by mailing by registered or
11-11    certified mail copies of the notice addressed to the judge at the
11-12    judge's chambers or at the judge's last known residence in an
11-13    envelope marked "personal and confidential."  The date of mailing
11-14    shall be entered in the docket.
11-15          (l)  The commission shall adopt procedures for hearing from
11-16    judges and complainants appearing before the commission.  The
11-17    procedures shall ensure the confidentiality of a complainant's
11-18    identity as provided under Section 33.0321.
11-19          SECTION 13.  Subsections (a) and (b), Section 33.023,
11-20    Government Code, are amended to read as follows:
11-21          (a)  In any investigation or proceeding that involves the
11-22    [involuntary retirement of a judge because of] physical or mental
11-23    incapacity of a judge [to discharge the judge's duty], the
11-24    commission may order the judge to submit to a physical or mental
11-25    examination by one or more qualified physicians or a mental
11-26    examination by one or more qualified psychologists selected and
 12-1    paid for by the commission.
 12-2          (b)  The commission shall give the judge written notice of
 12-3    the examination not later than 10 days before the date of the
 12-4    examination.  The notice must include the physician's name and the
 12-5    date, time, and place of the examination.  [The examination must be
 12-6    in a city or town in which the judge permanently or temporarily
 12-7    resides, or at a location in the state to which the judge
 12-8    consents.]
 12-9          SECTION 14.  Section 33.032, Government Code, is amended by
12-10    amending Subsections (a), (b), and (c), and adding Subsections (f),
12-11    (g), and (h) to read as follows:
12-12          (a)  Except as otherwise provided by this section and Section
12-13    33.034 [and Subsections (c), (d), and (e)], the papers filed with
12-14    and proceedings before the commission are confidential prior to the
12-15    filing of formal charges [convening of a formal hearing].
12-16          (b)  The formal hearing and any evidence introduced during
12-17    the formal hearing, including papers, records, documents, and
12-18    pleadings filed with the clerk, shall be public [on the convening
12-19    of the formal hearing].
12-20          (c)  On issuance of [If the commission issues] a public
12-21    admonition, warning, reprimand, or public requirement that a person
12-22    obtain additional training or education by the commission, the
12-23    record of the informal appearance and the [all papers,] documents
12-24    presented to[, evidence, and records considered by] the commission
12-25    during the informal appearance that are not protected by
12-26    attorney-client or work product privilege[, or forwarded to the
 13-1    commission by its staff, in the proceedings] shall be public.
 13-2          (f)  The commission may release to the Office of the Chief
 13-3    Disciplinary Counsel of the State Bar of Texas information
 13-4    indicating that an attorney, including a judge who is acting in the
 13-5    judge's capacity as an attorney, has violated the Texas
 13-6    Disciplinary Rules of Professional Conduct.
 13-7          (g)  If the commission issues an order suspending a judge who
 13-8    has been indicted for a criminal offense, the order, any withdrawal
 13-9    of the order, and all records and proceedings related to the
13-10    suspension shall be public.
13-11          (h)  A voluntary agreement to resign from judicial office in
13-12    lieu of disciplinary action by the commission shall be public on
13-13    the commission's acceptance of the agreement.  The agreement and
13-14    any agreed statement of facts relating to the agreement are
13-15    admissible in a subsequent proceeding before the commission.  An
13-16    agreed statement of facts may be released to the public only if the
13-17    judge violates a term of the agreement.
13-18          SECTION 15.  Subchapter B, Chapter 33, Government Code, is
13-19    amended by adding Section 33.0321 to read as follows:
13-20          Sec. 33.0321.  CONFIDENTIALITY OF COMPLAINANT'S IDENTITY.  On
13-21    the request of a complainant, the commission may keep the
13-22    complainant's identity confidential.
13-23          SECTION 16.  Section 33.033, Government Code, is amended by
13-24    amending Subsections (a) and (b) and adding Subsection (e) to read
13-25    as follows:
13-26          (a)  The commission shall promptly notify a complainant of
 14-1    the disposition of the case [complaint].
 14-2          (b)  The communication shall inform the complainant that:
 14-3                (1)  the case [complaint] has been dismissed;
 14-4                (2)  a private sanction or order of additional
 14-5    education has been issued by the commission [appropriate action has
 14-6    been taken, the nature of which will not be disclosed unless
 14-7    disclosure is authorized under Section 33.032];
 14-8                (3)  a public sanction has been issued by the
 14-9    commission; [or]
14-10                (4)  formal proceedings have been instituted; or
14-11                (5)  a judge has resigned from judicial office in lieu
14-12    of disciplinary action by the commission.
14-13          (e)  If the complaint is dismissed by the commission, the
14-14    commission shall include in the notification under Subsection (a):
14-15                (1)  an explanation of each reason for the dismissal;
14-16    and
14-17                (2)  information relating to requesting reconsideration
14-18    of the dismissed complaint as provided by Sections 33.035(a) and
14-19    (f).
14-20          SECTION 17.  Subsection (h), Section 33.034, Government Code,
14-21    is amended to read as follows:
14-22          (h)  Within 30 days after the date on which the charging
14-23    document is filed with the clerk, the court shall conduct a hearing
14-24    on the charging document.  The court may, if good cause is shown,
14-25    grant one or more continuances not to exceed a total of 60 [30]
14-26    days.  Within 60 days after the hearing, the court[, in its
 15-1    discretion,] shall issue a decision as to the proper disposition of
 15-2    the appeal.
 15-3          SECTION 18.  Subchapter B, Chapter 33, Government Code, is
 15-4    amended by adding Sections 33.035, 33.036, 33.037, and 33.038 to
 15-5    read as follows:
 15-6          Sec. 33.035.  RECONSIDERATION OF COMPLAINT.  (a)  A
 15-7    complainant may request reconsideration of a dismissed complaint
 15-8    if, not later than the 30th day after the date of the communication
 15-9    informing the complainant of the dismissal, the complainant
15-10    provides additional evidence of misconduct committed by the judge.
15-11          (b)  The commission shall deny a request for reconsideration
15-12    if the complainant does not meet the requirements under Subsection
15-13    (a).  The commission shall notify the complainant of the denial in
15-14    writing.
15-15          (c)  The commission shall grant a request for reconsideration
15-16    if the complainant meets the requirements under Subsection (a).
15-17    After granting a request, the commission shall vote to:
15-18                (1)  affirm the original decision to dismiss the
15-19    complaint; or
15-20                (2)  reopen the complaint.
15-21          (d)  The commission shall notify the complainant of the
15-22    results of the commission's vote under Subsection (c) in writing.
15-23          (e)  The commission shall conduct an appropriate
15-24    investigation of a complaint reopened under Subsection (c)(2).  The
15-25    investigation shall be conducted by commission staff who were not
15-26    involved in the original investigation.
 16-1          (f)  A complainant may request reconsideration of a dismissed
 16-2    complaint under this section only once.
 16-3          Sec. 33.036.  CERTAIN DISCLOSURE OF INFORMATION.  (a)  To
 16-4    protect the public interest, the commission may disclose
 16-5    information relating to an investigation or proceeding under this
 16-6    chapter to:
 16-7                (1)  a law enforcement agency;
 16-8                (2)  a public official who is authorized or required by
 16-9    law to appoint a person to serve as a judge;
16-10                (3)  the supreme court; or
16-11                (4)  an entity that provides commission-ordered
16-12    education to judges.
16-13          (b)  Information may be disclosed under this section only to
16-14    the extent necessary for the recipient of the information to
16-15    perform an additional duty or function.
16-16          Sec. 33.037.  SUSPENSION PENDING APPEAL.  If a judge who is
16-17    convicted of a felony or a misdemeanor involving official
16-18    misconduct appeals the conviction, the commission shall suspend the
16-19    judge from office without pay pending final disposition of the
16-20    appeal.
16-21          Sec. 33.038.  AUTOMATIC REMOVAL.  A judge is automatically
16-22    removed from the judge's office if the judge is convicted of or is
16-23    granted deferred adjudication for:
16-24                (1)  a felony; or
16-25                (2)  a misdemeanor involving official misconduct.
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 procedures as required by Subsection (l),
17-24    Section 33.022, Government Code, as added by this Act.
17-25          (b)  Section 33.032, Government Code, as amended by this Act,
17-26    applies to papers filed with and proceedings before the State
 18-1    Commission on Judicial Conduct, regardless of whether the papers
 18-2    were filed or the proceedings were commenced before, on, or after
 18-3    the effective date of this Act.
 18-4          (c)  Section 33.036, Government Code, as added by this Act,
 18-5    applies to information relating to an investigation or proceeding
 18-6    commenced before, on, or after the effective date of this Act.
 18-7          (d)  Section 33.0043, Government Code, as added by this Act,
 18-8    applies only to a member of the State Commission on Judicial
 18-9    Conduct appointed on or after the effective date of this Act.
18-10          SECTION 21.   (a)  Sections 33.001 and 33.033, Government
18-11    Code, as amended by this Act, and Section 33.0211, Government Code,
18-12    as added by this Act, apply only to a complaint filed with the
18-13    State Commission on Judicial Conduct on or after the effective date
18-14    of this Act, regardless of whether the conduct or act that is the
18-15    subject of the complaint occurred or was committed before, on, or
18-16    after the effective date of this Act.
18-17          (b)  Section 33.004, Government Code, as amended by this Act,
18-18    applies only to the compensation of a special master appointed on
18-19    or after the effective date of this Act.  The compensation of a
18-20    special master appointed before the effective date of this Act is
18-21    governed by the law in effect at the time the appointment was made,
18-22    and the former law is continued in effect for that purpose.
18-23          (c)  Section 33.006, Government Code, as amended by this Act,
18-24    applies only to a cause of action that accrues on or after the
18-25    effective date of this Act.  A cause of action that accrues before
18-26    the effective date of this Act is governed by the law in effect at
 19-1    the time the cause of action accrued, and that law is continued in
 19-2    effect for that purpose.
 19-3          (d)  Sections 33.037 and 33.038, Government Code, as added by
 19-4    this Act, apply only to a judgment of conviction or a grant of
 19-5    deferred adjudication for an offense committed on or after the
 19-6    effective date of this Act.  A judgment of conviction or a grant of
 19-7    deferred adjudication for an offense committed before the effective
 19-8    date of this Act is covered by the law in effect when the offense
 19-9    was committed, and the former law is continued in effect for that
19-10    purpose.  For purposes of this subsection, an offense was committed
19-11    before the effective date of this Act if any element of the offense
19-12    occurred before that date.
19-13          SECTION 22.  This Act takes effect September 1, 2001.
                                                                S.B. No. 303
            _______________________________     _______________________________
                President of the Senate              Speaker of the House
                  I hereby certify that S.B. No. 303 passed the Senate on
            March 21, 2001, by a viva-voce vote; May 21, 2001, Senate refused
            to concur in House amendments and requested appointment of
            Conference Committee; May 22, 2001, House granted request of the
            Senate; May 25, 2001, Senate adopted Conference Committee Report by
            a viva-voce vote.
                                                _______________________________
                                                    Secretary of the Senate
                  I hereby certify that S.B. No. 303 passed the House, with
            amendments, on May 16, 2001, by a non-record vote; May 22, 2001,
            House granted request of the Senate for appointment of Conference
            Committee; May 24, 2001, House adopted Conference Committee Report
            by a non-record vote.
                                                _______________________________
                                                    Chief Clerk of the House
            Approved:
            _______________________________
                         Date
            _______________________________
                       Governor