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.