77R14840 E                          
         By Lucio                                               S.B. No. 303
         Substitute the following for S.B. No. 303:
         By Capelo                                          C.S.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; or
1-21                 (5)  violation of any provision of a voluntary
1-22     agreement to resign from judicial office in lieu of disciplinary
1-23     action by the commission.
1-24           (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
2-27     subject to regulation by the commission; or
 3-1                 (2)  the person's spouse is an officer, manager, or
 3-2     paid consultant of a Texas trade association the members of which
 3-3     are subject to regulation by the commission.
 3-4           (c)  A person may not act as the general counsel to the
 3-5     commission if the person is required to register as a lobbyist
 3-6     under Chapter 305 because of the person's activities for
 3-7     compensation on behalf of a profession related to the operation of
 3-8     the commission.
 3-9           SECTION 4.  Subsection (c), Section 33.004, Government Code,
3-10     is amended to read as follows:
3-11           (c)  A special master who is a retired judge of a district
3-12     court or the court of criminal appeals or a retired justice of a
3-13     court of appeals or the supreme court is entitled to compensation
3-14     in the same manner as provided by Section 74.061.  For purposes of
3-15     this subsection, the term "court" in Section 74.061(c) means the
3-16     district court in the county in which formal proceedings are heard
3-17     by the [a per diem of $25 for each day or part of a day that the
3-18     person spends in the performance of the duties of] special master.
3-19     [In addition, the special master is entitled to an amount equal to
3-20     the difference between the retirement benefits that the person
3-21     receives as a retired judge or justice and the compensation that
3-22     the state pays an active judge or justice of the court from which
3-23     the person retired.  The per diem and compensation under this
3-24     subsection is in addition to the retirement benefits to which the
3-25     person is entitled.]
3-26           SECTION 5.  Subchapter A, Chapter 33, Government Code, is
3-27     amended by adding Sections 33.0041 through 33.0046 to read as
 4-1     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 and the attorney general that a potential
 4-8     ground for removal exists.  If the potential ground for removal
 4-9     involves the presiding officer, the executive director shall notify
4-10     the next highest ranking officer of the commission, who shall then
4-11     notify the governor and the attorney general that a potential
4-12     ground for removal exists.
4-13           Sec. 33.0042.  REQUIREMENTS FOR OFFICE OR EMPLOYMENT:
4-14     INFORMATION.  The executive director or the executive director's
4-15     designee shall provide to members of the commission and to agency
4-16     employees, as often as necessary, information regarding the
4-17     requirements for office or employment under this chapter and
4-18     Section 1-a, Article V, Texas Constitution, including information
4-19     regarding a person's responsibilities under applicable laws
4-20     relating to standards of conduct for state officers or employees.
4-21           Sec. 33.0043.  COMMISSION MEMBER TRAINING.  (a)  A person who
4-22     is appointed to and qualifies for office as a member of the
4-23     commission shall complete a training program that complies with
4-24     this section.
4-25           (b)  The training program must provide the person with
4-26     information regarding:
4-27                 (1)  the legislation that created the commission;
 5-1                 (2)  the programs operated by the commission;
 5-2                 (3)  the role and functions of the commission;
 5-3                 (4)  the rules of the commission with an emphasis on
 5-4     the rules that relate to disciplinary and investigatory authority;
 5-5                 (5)  the current budget for the commission;
 5-6                 (6)  the results of the most recent formal audit of the
 5-7     commission;
 5-8                 (7)  the requirements of:
 5-9                       (A)  the administrative procedure law, Chapter
5-10     2001; and
5-11                       (B)  other laws relating to public officials,
5-12     including conflict-of-interest laws; and
5-13                 (8)  any applicable ethics policies adopted by the
5-14     commission or the Texas Ethics Commission.
5-15           (c)  A person appointed to the commission is entitled to
5-16     reimbursement, as provided by the General Appropriations Act, for
5-17     the travel expenses incurred in attending the training program
5-18     regardless of whether the attendance at the program occurs before
5-19     or after the person qualifies for office.
5-20           Sec. 33.0044.  DIVISION OF RESPONSIBILITY.  The commission
5-21     shall develop and implement policies that clearly separate the
5-22     policy-making responsibilities of the commission and the management
5-23     responsibilities of the executive director and staff of the
5-24     commission.
5-25           Sec. 33.0045.  EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.
5-26     (a)  The executive director or the executive director's designee
5-27     shall prepare and maintain a written policy statement that
 6-1     implements a program of equal employment opportunity to ensure that
 6-2     all personnel decisions are made without regard to race, color,
 6-3     disability, sex, religion, age, or national origin.
 6-4           (b)  The policy statement must include:
 6-5                 (1)  personnel policies, including policies relating to
 6-6     recruitment, evaluation, selection, training, and promotion of
 6-7     personnel, that show the intent of the commission to avoid the
 6-8     unlawful employment practices described by Chapter 21, Labor Code;
 6-9     and
6-10                 (2)  an analysis of the extent to which the composition
6-11     of the commission's personnel is in accordance with state and
6-12     federal law and a description of reasonable methods to achieve
6-13     compliance with state and federal law.
6-14           (c)  The policy statement must:
6-15                 (1)  be updated annually;
6-16                 (2)  be reviewed by the state Commission on Human
6-17     Rights for compliance with Subsection (b)(1); and
6-18                 (3)  be filed with the governor's office.
6-19           Sec. 33.0046.  STATE EMPLOYEE INCENTIVE PROGRAM:  INFORMATION
6-20     AND TRAINING.  The executive director or the executive director's
6-21     designee shall provide to agency employees information and training
6-22     on the benefits and methods of participation in the state employee
6-23     incentive program.
6-24           SECTION 6.  Subsection (e), Section 33.005, Government Code,
6-25     is amended to read as follows:
6-26           (e)  The Texas Bar Journal shall publish public statements
6-27     and summaries of sanctions issued by [a report received from] the
 7-1     commission [under Subsection (c)].
 7-2           SECTION 7.  Subsection (a), Section 33.006, Government Code,
 7-3     is amended to read as follows:
 7-4           (a)  This section applies to:
 7-5                 (1)  the commission;
 7-6                 (2)  a member of the commission;
 7-7                 (3)  the executive director of the commission;
 7-8                 (4)  an employee of the commission;
 7-9                 (5)  a special master appointed under Section 1-a(8),
7-10     Article V, Texas Constitution; [and]
7-11                 (6)  special counsel for the commission and any person
7-12     employed by the special counsel; and
7-13                 (7)  any other person appointed by the commission to
7-14     assist the commission in performing its duties.
7-15           SECTION 8.  Subchapter A, Chapter 33, Government Code, is
7-16     amended by adding Sections 33.007 and 33.008 to read as follows:
7-17           Sec. 33.007.  DISTRIBUTION OF MATERIALS TO JUDGES AND THE
7-18     PUBLIC.  (a)  The commission shall develop and distribute
7-19     plain-language materials as described by this section to judges and
7-20     the public.
7-21           (b)  The materials must include a description of:
7-22                 (1)  the commission's responsibilities;
7-23                 (2)  the types of conduct that constitute judicial
7-24     misconduct;
7-25                 (3)  the types of sanctions issued by the commission,
7-26     including orders of additional education; and
7-27                 (4)  the commission's policies and procedures relating
 8-1     to complaint investigation and resolution.
 8-2           (c)  The materials shall be provided in English and Spanish.
 8-3           (d)  The commission shall provide to each person filing a
 8-4     complaint with the commission the materials described by this
 8-5     section.
 8-6           (e)  The commission shall adopt a policy to effectively
 8-7     distribute materials as required by this section.
 8-8           Sec. 33.008.  JUDICIAL MISCONDUCT INFORMATION.  The
 8-9     commission shall routinely provide to entities that provide
8-10     education to judges information relating to judicial misconduct
8-11     resulting in sanctions or orders of additional education issued by
8-12     the commission.  The commission shall categorize the information by
8-13     level of judge and type of misconduct.
8-14           SECTION 9.  Chapter 33, Government Code, is amended by
8-15     amending the heading of Subchapter B to read as follows:
8-16                      SUBCHAPTER B.  POWERS AND DUTIES
8-17           SECTION 10.  Section 33.021, Government Code, is amended to
8-18     read as follows:
8-19           Sec. 33.021.  GENERAL POWERS OF COMMISSION.  The commission
8-20     may:
8-21                 (1)  design and use a seal;
8-22                 (2)  employ persons that it considers necessary to
8-23     carry out the duties and powers of the commission;
8-24                 (3)  employ special counsel as it considers necessary;
8-25                 (4)  arrange for attendance of witnesses[, including
8-26     those not subject to subpoena];
8-27                 (5)  arrange for and compensate expert witnesses and
 9-1     reporters; and
 9-2                 (6)  pay from its available funds the reasonably
 9-3     necessary expenses of carrying out its duties under the
 9-4     constitution, including providing compensation to special masters.
 9-5           SECTION 11.  Subchapter B, Chapter 33, Government Code, is
 9-6     amended by adding Section 33.0211 to read as follows:
 9-7           Sec. 33.0211.  COMPLAINTS.  (a)  The commission shall
 9-8     maintain a file on each written complaint filed with the
 9-9     commission.  The file must include:
9-10                 (1)  the name of the person who filed the complaint;
9-11                 (2)  the date the complaint is received by the
9-12     commission;
9-13                 (3)  the subject matter of the complaint;
9-14                 (4)  the name of each person contacted in relation to
9-15     the complaint;
9-16                 (5)  a summary of the results of the review or
9-17     investigation of the complaint; and
9-18                 (6)  an explanation of the reason the file was closed,
9-19     if the commission closed the file without taking action other than
9-20     to investigate the complaint.
9-21           (b)  The commission, at least quarterly until final
9-22     disposition of the complaint, shall notify the person filing the
9-23     complaint of the status of the investigation unless the notice
9-24     would jeopardize an undercover investigation.
9-25           (c)  The commission shall make a complaint file maintained
9-26     under Subsection (a) available to the judge who is the subject of
9-27     the complaint or the judge's attorney at least seven days before
 10-1    the date that a hearing on the complaint is held.
 10-2          SECTION 12.  Section 33.022, Government Code, is amended by
 10-3    amending Subsections (c) and (i) and adding Subsection (l) to read
 10-4    as follows:
 10-5          (c)  If, after conducting a preliminary investigation under
 10-6    this section, the commission does not determine that an allegation
 10-7    or appearance of misconduct or disability is unfounded or
 10-8    frivolous, the commission:
 10-9                (1)  shall:
10-10                      (A)  conduct a full investigation of the
10-11    circumstances surrounding the allegation or appearance of
10-12    misconduct or disability; and
10-13                      (B)  notify the judge in writing of:
10-14                            (i)  the commencement of the investigation;
10-15    and
10-16                            (ii)  the nature of the allegation or
10-17    appearance of misconduct or disability being investigated; and
10-18                (2)  may:
10-19                      (A)  order [request] the judge to:
10-20                            (i)  submit a written response to the
10-21    allegation or appearance of misconduct or disability; or
10-22                            (ii)  appear informally before the
10-23    commission; [or]
10-24                      (B)  order the deposition of any person; or
10-25                      (C)  request the complainant to appear informally
10-26    before the commission [other than the judge].
10-27          (i)  The notice shall be served on the judge or the judge's
 11-1    attorney of record by personal service of a copy of the notice by a
 11-2    [member of the commission or by some] person designated by the
 11-3    chairperson.  The person serving the notice shall promptly notify
 11-4    the clerk in writing of the date on which the notice was served.
 11-5    If it appears to the chairperson on affidavit that, after
 11-6    reasonable effort during a period of 10 days, personal service
 11-7    could not be had, service may be made by mailing by registered or
 11-8    certified mail copies of the notice addressed to the judge at the
 11-9    judge's chambers or at the judge's last known residence in an
11-10    envelope marked "personal and confidential."  The date of mailing
11-11    shall be entered in the docket.
11-12          (l)  The commission shall adopt a policy that provides
11-13    procedures for hearing from judges and complainants appearing
11-14    before the commission.
11-15          SECTION 13.  Subsections (a) and (b), Section 33.023,
11-16    Government Code, are amended to read as follows:
11-17          (a)  In any investigation or proceeding that involves the
11-18    [involuntary retirement of a judge because of] physical or mental
11-19    incapacity of a judge [to discharge the judge's duty], the
11-20    commission may order the judge to submit to a physical or mental
11-21    examination by one or more qualified physicians or a mental
11-22    examination by one or more qualified psychologists selected and
11-23    paid for by the commission.
11-24          (b)  The commission shall give the judge written notice of
11-25    the examination not later than 10 days before the date of the
11-26    examination.  The notice must include the physician's name and the
11-27    date, time, and place of the examination.  [The examination must be
 12-1    in a city or town in which the judge permanently or temporarily
 12-2    resides, or at a location in the state to which the judge
 12-3    consents.]
 12-4          SECTION 14.  Section 33.032, Government Code, is amended by
 12-5    amending Subsections (a), (b), and (c), and adding Subsections (f),
 12-6    (g), and (h) to read as follows:
 12-7          (a)  Except as otherwise provided by this section and Section
 12-8    33.034 [and Subsections (c), (d), and (e)], the papers filed with
 12-9    and proceedings before the commission are confidential prior to the
12-10    filing of formal charges [convening of a formal hearing].
12-11          (b)  The formal hearing and any evidence introduced during
12-12    the formal hearing, including papers, records, documents, and
12-13    pleadings filed with the clerk, shall be public [on the convening
12-14    of the formal hearing].
12-15          (c)  On issuance of [If the commission issues] a public
12-16    admonition, warning, reprimand, or public requirement that a person
12-17    obtain additional training or education by the commission, the
12-18    record of the informal appearance and the [all papers,] documents
12-19    presented to[, evidence, and records considered by] the commission
12-20    during the informal appearance that are not protected by
12-21    attorney-client or work product privilege[, or forwarded to the
12-22    commission by its staff, in the proceedings] shall be public.
12-23          (f)  The commission may release to the Office of the Chief
12-24    Disciplinary Counsel of the State Bar of Texas information
12-25    indicating that an attorney, including a judge who is acting in the
12-26    judge's capacity as an attorney, has violated the Texas
12-27    Disciplinary Rules of Professional Conduct.
 13-1          (g)  If the commission issues an order suspending a judge who
 13-2    has been indicted for a criminal offense, the order, any withdrawal
 13-3    of the order, and all records and proceedings related to the
 13-4    suspension shall be public.
 13-5          (h)  A voluntary agreement to resign from judicial office in
 13-6    lieu of disciplinary action by the commission shall be public on
 13-7    the commission's acceptance of the agreement.  The agreement and
 13-8    any agreed statement of facts relating to the agreement are
 13-9    admissible in a subsequent proceeding before the commission.  An
13-10    agreed statement of facts may be released to the public only if the
13-11    judge violates a term of the agreement.
13-12          SECTION 15.  Section 33.033, Government Code, is amended by
13-13    amending Subsections (a) and (b) and adding Subsection (e) to read
13-14    as follows:
13-15          (a)  The commission shall promptly notify a complainant of
13-16    the disposition of the case [complaint].
13-17          (b)  The communication shall inform the complainant that:
13-18                (1)  the case [complaint] has been dismissed;
13-19                (2)  appropriate action has been taken[, the nature of
13-20    which will not be disclosed unless disclosure is authorized under
13-21    Section 33.032];
13-22                (3)  a public sanction has been issued by the
13-23    commission; [or]
13-24                (4)  formal proceedings have been instituted; or
13-25                (5)  a judge has resigned from judicial office in lieu
13-26    of disciplinary action by the commission.
13-27          (e)  If the complaint is dismissed by the commission, the
 14-1    commission shall include in the notification under Subsection (a):
 14-2                (1)  an explanation of each reason for the dismissal;
 14-3    and
 14-4                (2)  information relating to requesting reconsideration
 14-5    of the dismissed complaint as provided by Sections 33.035(a) and
 14-6    (f).
 14-7          SECTION 16.  Subsection (h), Section 33.034, Government Code,
 14-8    is amended to read as follows:
 14-9          (h)  Within 30 days after the date on which the charging
14-10    document is filed with the clerk, the court shall conduct a hearing
14-11    on the charging document.  The court may, if good cause is shown,
14-12    grant one or more continuances not to exceed a total of 60 [30]
14-13    days.  Within 60 days after the hearing, the court[, in its
14-14    discretion,] shall issue a decision as to the proper disposition of
14-15    the appeal.
14-16          SECTION 17.  Subchapter B, Chapter 33, Government Code, is
14-17    amended by adding Sections 33.035, 33.036, 33.037, and 33.038 to
14-18    read as follows:
14-19          Sec. 33.035.  RECONSIDERATION OF COMPLAINT.  (a)  A
14-20    complainant may request reconsideration of a dismissed complaint
14-21    if, not later than the 30th day after the date of the communication
14-22    informing the complainant of the dismissal, the complainant
14-23    provides newly discovered evidence of misconduct committed by the
14-24    judge.
14-25          (b)  The commission shall deny a request for reconsideration
14-26    if the complainant does not meet the requirements under Subsection
14-27    (a).  The commission shall notify the complainant of the denial in
 15-1    writing.
 15-2          (c)  The commission shall grant a request for reconsideration
 15-3    if the complainant meets the requirements under Subsection (a).
 15-4    After granting a request, the commission shall vote to:
 15-5                (1)  affirm the original decision to dismiss the
 15-6    complaint; or
 15-7                (2)  reopen the complaint.
 15-8          (d)  The commission shall notify the complainant of the
 15-9    results of the commission's vote under Subsection (c) in writing.
15-10          (e)  The commission shall conduct a full investigation of a
15-11    complaint reopened under Subsection (c)(2).  The investigation
15-12    shall be conducted by commission staff who were not involved in the
15-13    original investigation.
15-14          (f)  A complainant may request reconsideration of a dismissed
15-15    complaint under this section only once.
15-16          Sec. 33.036.  CERTAIN DISCLOSURE OF INFORMATION.  (a)  To
15-17    protect the public interest, the commission may disclose
15-18    information relating to an investigation or proceeding under this
15-19    chapter to:
15-20                (1)  a law enforcement agency;
15-21                (2)  a public official who is authorized or required by
15-22    law to appoint a person to serve as a judge;
15-23                (3)  a court; or
15-24                (4)  an entity that provides commission-ordered
15-25    education to judges.
15-26          (b)  Information may be disclosed under this section only to
15-27    the extent necessary for the recipient of the information to
 16-1    perform an official duty or function.
 16-2          Sec. 33.037.  CONTINUATION OF SUSPENSION ORDER.  If a judge
 16-3    who is indicted for a felony or charged with a misdemeanor
 16-4    involving official misconduct is convicted of or granted deferred
 16-5    adjudication for the offense, an order of suspension in effect on
 16-6    the date of conviction or grant of deferred adjudication shall
 16-7    remain in effect until the commission takes further action on the
 16-8    order.
 16-9          Sec. 33.038.  CERTAIN PARTICIPATION IN PROFESSIONAL
16-10    ASSOCIATION NOT SUBJECT TO SANCTION. The commission may not impose
16-11    a sanction on a judge solely because the judge attends a meeting of
16-12    or participates in a function that has the purpose of improving the
16-13    law, the legal system, or the administration of justice and that is
16-14    sponsored by a professional association of judges that is
16-15    incorporated under the Texas Non-Profit Corporation Act (Article
16-16    1396-1.01 et seq., Vernon's Texas Civil Statutes) and that
16-17    qualifies as an organization exempt from federal income tax under
16-18    Section 501(c)(4), Internal Revenue Code of 1986, as amended.
16-19          SECTION 18.  Subchapter F, Chapter 411, Government Code, is
16-20    amended by adding Section 411.137 to read as follows:
16-21          Sec. 411.137.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
16-22    STATE COMMISSION ON JUDICIAL CONDUCT.  (a)  The State Commission on
16-23    Judicial Conduct is entitled to obtain from the department criminal
16-24    history record information maintained by the department that
16-25    relates to a person who is:
16-26                (1)  a judge who is the subject of an investigation or
16-27    proceeding under Chapter 33; or
 17-1                (2)  the complainant or a witness in an investigation
 17-2    or a proceeding under Chapter 33.
 17-3          (b)  Information received by the State Commission on Judicial
 17-4    Conduct is confidential and may be disseminated only in an
 17-5    investigation or proceeding conducted by the commission.
 17-6          (c)  The State Commission on Judicial Conduct shall destroy
 17-7    criminal history record information obtained under this section
 17-8    promptly after a final determination is made in the matter for
 17-9    which the information was obtained.
17-10          SECTION 19.  (a)  Not later than January 1, 2002, the State
17-11    Commission on Judicial Conduct shall:
17-12                (1)  develop plain-language materials and adopt a
17-13    policy to effectively distribute the materials as required by
17-14    Section 33.007, Government Code, as added by this Act; and
17-15                (2)  adopt a policy that provides hearing procedures as
17-16    required by Subsection (l), Section 33.022, Government Code, as
17-17    added by this Act.
17-18          (b)  Section 33.032, Government Code, as amended by this Act,
17-19    applies to papers filed with and proceedings before the State
17-20    Commission on Judicial Conduct, regardless of whether the papers
17-21    were filed or the proceedings were commenced before, on, or after
17-22    the effective date of this Act.
17-23          (c)  Section 33.036, Government Code, as added by this Act,
17-24    applies to information relating to an investigation or proceeding
17-25    commenced before, on, or after the effective date of this Act.
17-26          (d)  Section 33.0043, Government Code, as added by this Act,
17-27    applies only to a member of the State Commission on Judicial
 18-1    Conduct appointed on or after the effective date of this Act.
 18-2          (e)  Section 33.0211, Government Code, as added by this Act,
 18-3    and Section 33.033, Government Code, as amended by this Act, apply
 18-4    only to complaints filed with the State Commission on Judicial
 18-5    Conduct on or after the effective date of this Act.
 18-6          SECTION 20.  (a)  Section 33.001, Government Code, as amended
 18-7    by this Act, applies only to conduct that occurs or an act
 18-8    committed on or after the effective date of this Act.  Conduct that
 18-9    occurs or an act committed before the effective date of this Act is
18-10    covered by the law in effect at the time the conduct occurred or
18-11    the act was committed, and the former law is continued in effect
18-12    for that purpose.
18-13          (b)  Section 33.004, Government Code, as amended by this Act,
18-14    applies only to the compensation of a special master appointed on
18-15    or after the effective date of this Act.  The compensation of a
18-16    special master appointed before the effective date of this Act is
18-17    governed by the law in effect at the time the appointment was made,
18-18    and the former law is continued in effect for that purpose.
18-19          (c)  Section 33.006, Government Code, as amended by this Act,
18-20    applies only to a cause of action that accrues on or after the
18-21    effective date of this Act.  A cause of action that accrues before
18-22    the effective date of this Act is governed by the law in effect at
18-23    the time the cause of action accrued, and that law is continued in
18-24    effect for that purpose.
18-25          (d)  Section 33.037, Government Code, as added by this Act,
18-26    applies only to a judgment of conviction or a grant of deferred
18-27    adjudication for an offense committed on or after the effective
 19-1    date of this Act.  A judgment of conviction or a grant of deferred
 19-2    adjudication for an offense committed before the effective date of
 19-3    this Act is covered by the law in effect when the offense was
 19-4    committed, and the former law is continued in effect for that
 19-5    purpose.  For purposes of this subsection, an offense was committed
 19-6    before the effective date of this Act if any element of the offense
 19-7    occurred before that date.
 19-8          SECTION 21.  This Act takes effect September 1, 2001.