By Lucio S.B. No. 303
77R6827 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the functions of the State Commission on Judicial
1-3 Conduct.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 33.002, Government Code, is amended by
1-6 adding Subsection (c) to read as follows:
1-7 (c) Appointments to the commission shall be made without
1-8 regard to the race, color, disability, sex, religion, age, or
1-9 national origin of the appointees.
1-10 SECTION 2. Subchapter A, Chapter 33, Government Code, is
1-11 amended by adding Sections 33.0032, 33.0041-33.0046, and
1-12 33.007-33.009 to read as follows:
1-13 Sec. 33.0032. CONFLICT OF INTEREST. (a) In this section,
1-14 "Texas trade association" means a cooperative and voluntarily
1-15 joined association of business or professional competitors in this
1-16 state designed to assist its members and its industry or profession
1-17 in dealing with mutual business or professional problems and in
1-18 promoting their common interest.
1-19 (b) A person may not be a commission employee employed in a
1-20 "bona fide executive, administrative, or professional capacity," as
1-21 that phrase is used for purposes of establishing an exemption to
1-22 the overtime provisions of the federal Fair Labor Standards Act of
1-23 1938 (29 U.S.C. Section 201 et seq.), and its subsequent
1-24 amendments, if:
2-1 (1) the person is an officer, employee, or paid
2-2 consultant of a Texas trade association the members of which are
2-3 subject to regulation by the commission; or
2-4 (2) the person's spouse is an officer, manager, or
2-5 paid consultant of a Texas trade association the members of which
2-6 are subject to regulation by the commission.
2-7 (c) A person may not act as the general counsel to the
2-8 commission if the person is required to register as a lobbyist
2-9 under Chapter 305, Government Code, because of the person's
2-10 activities for compensation on behalf of a profession related to
2-11 the operation of the commission.
2-12 Sec. 33.0041. REMOVAL OF COMMISSION MEMBER; NOTIFICATION
2-13 PROCEDURES. If the executive director has knowledge that a
2-14 potential ground for removal of a commission member exists, the
2-15 executive director shall notify the presiding officer of the
2-16 commission of the potential ground. The presiding officer shall
2-17 then notify the governor and the attorney general that a potential
2-18 ground for removal exists. If the potential ground for removal
2-19 involves the presiding officer, the executive director shall notify
2-20 the next highest ranking officer of the commission, who shall then
2-21 notify the governor and the attorney general that a potential
2-22 ground for removal exists.
2-23 Sec. 33.0042. REQUIREMENTS FOR OFFICE OR EMPLOYMENT:
2-24 INFORMATION. The executive director or the executive director's
2-25 designee shall provide to members of the commission and to agency
2-26 employees, as often as necessary, information regarding the
2-27 requirements for office or employment under this chapter and
3-1 Section 1-a, Article V, Texas Constitution, including information
3-2 regarding a person's responsibilities under applicable laws
3-3 relating to standards of conduct for state officers or employees.
3-4 Sec. 33.0043. COMMISSION MEMBER TRAINING. (a) A person who
3-5 is appointed to and qualifies for office as a member of the
3-6 commission shall complete a training program that complies with
3-7 this section.
3-8 (b) The training program must provide the person with
3-9 information regarding:
3-10 (1) the legislation that created the commission;
3-11 (2) the programs operated by the commission;
3-12 (3) the role and functions of the commission;
3-13 (4) the rules of the commission with an emphasis on
3-14 the rules that relate to disciplinary and investigatory authority;
3-15 (5) the current budget for the commission;
3-16 (6) the results of the most recent formal audit of the
3-17 commission;
3-18 (7) the requirements of:
3-19 (A) the administrative procedure law, Chapter
3-20 2001; and
3-21 (B) other laws relating to public officials,
3-22 including conflict-of-interest laws; and
3-23 (8) any applicable ethics policies adopted by the
3-24 commission or the Texas Ethics Commission.
3-25 (c) A person appointed to the commission is entitled to
3-26 reimbursement, as provided by the General Appropriations Act, for
3-27 the travel expenses incurred in attending the training program
4-1 regardless of whether the attendance at the program occurs before
4-2 or after the person qualifies for office.
4-3 Sec. 33.0044. DIVISION OF RESPONSIBILITY. The commission
4-4 shall develop and implement policies that clearly separate the
4-5 policy-making responsibilities of the commission and the management
4-6 responsibilities of the executive director and staff of the
4-7 commission.
4-8 Sec. 33.0045. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.
4-9 (a) The executive director or the executive director's designee
4-10 shall prepare and maintain a written policy statement that
4-11 implements a program of equal employment opportunity to ensure that
4-12 all personnel decisions are made without regard to race, color,
4-13 disability, sex, religion, age, or national origin.
4-14 (b) The policy statement must include:
4-15 (1) personnel policies, including policies relating to
4-16 recruitment, evaluation, selection, training, and promotion of
4-17 personnel, that show the intent of the commission to avoid the
4-18 unlawful employment practices described by Chapter 21, Labor Code;
4-19 and
4-20 (2) an analysis of the extent to which the composition
4-21 of the commission's personnel is in accordance with state and
4-22 federal law and a description of reasonable methods to achieve
4-23 compliance with state and federal law.
4-24 (c) The policy statement must:
4-25 (1) be updated annually;
4-26 (2) be reviewed by the state Commission on Human
4-27 Rights for compliance with Subsection (b)(1); and
5-1 (3) be filed with the governor's office.
5-2 Sec. 33.0046. STATE EMPLOYEE INCENTIVE PROGRAM: INFORMATION
5-3 AND TRAINING. The executive director or the executive director's
5-4 designee shall provide to agency employees information and training
5-5 on the benefits and methods of participation in the state employee
5-6 incentive program.
5-7 Sec. 33.007. DISTRIBUTION OF MATERIALS TO JUDGES AND THE
5-8 PUBLIC. (a) The commission shall develop and distribute
5-9 plain-language materials as described by this section to judges and
5-10 the public.
5-11 (b) The materials must include a description of:
5-12 (1) the commission's responsibilities;
5-13 (2) the types of conduct that constitute judicial
5-14 misconduct;
5-15 (3) the types of sanctions issued by the commission,
5-16 including orders of additional education; and
5-17 (4) the commission's policies and procedures relating
5-18 to complaint investigation and resolution.
5-19 (c) The materials shall be provided in English and Spanish.
5-20 (d) The commission shall provide to each person filing a
5-21 complaint with the commission the materials described by this
5-22 section.
5-23 (e) The commission shall adopt a policy to effectively
5-24 distribute materials as required by this section.
5-25 Sec. 33.008. PUBLICATION OF SANCTIONS. The Texas Bar Journal
5-26 shall periodically publish sanctions and orders of additional
5-27 education issued by the commission.
6-1 Sec. 33.009. JUDICIAL MISCONDUCT INFORMATION. The commission
6-2 shall routinely provide to entities that provide education to
6-3 judges information relating to judicial misconduct resulting in
6-4 sanctions or orders of additional education issued by the
6-5 commission. The commission shall categorize the information by
6-6 level of judge and type of misconduct.
6-7 SECTION 3. Chapter 33, Government Code, is amended by
6-8 amending the heading of Subchapter B to read as follows:
6-9 SUBCHAPTER B. POWERS AND DUTIES
6-10 SECTION 4. Subchapter B, Chapter 33, Government Code, is
6-11 amended by adding Section 33.0211 to read as follows:
6-12 Sec. 33.0211. COMPLAINTS. (a) The commission shall maintain
6-13 a file on each written complaint filed with the commission. The
6-14 file must include:
6-15 (1) the name of the person who filed the complaint;
6-16 (2) the date the complaint is received by the
6-17 commission;
6-18 (3) the subject matter of the complaint;
6-19 (4) the name of each person contacted in relation to
6-20 the complaint;
6-21 (5) a summary of the results of the review or
6-22 investigation of the complaint; and
6-23 (6) an explanation of the reason the file was closed,
6-24 if the commission closed the file without taking action other than
6-25 to investigate the complaint.
6-26 (b) The commission, at least quarterly until final
6-27 disposition of the complaint, shall notify the person filing the
7-1 complaint of the status of the investigation unless the notice
7-2 would jeopardize an undercover investigation.
7-3 SECTION 5. Section 33.022, Government Code, is amended by
7-4 amending Subsection (c) and adding Subsection (l) to read as
7-5 follows:
7-6 (c) If, after conducting a preliminary investigation under
7-7 this section, the commission does not determine that an allegation
7-8 or appearance of misconduct or disability is unfounded or
7-9 frivolous, the commission:
7-10 (1) shall:
7-11 (A) conduct a full investigation of the
7-12 circumstances surrounding the allegation or appearance of
7-13 misconduct or disability; and
7-14 (B) notify the judge in writing of:
7-15 (i) the commencement of the investigation;
7-16 and
7-17 (ii) the nature of the allegation or
7-18 appearance of misconduct or disability being investigated; and
7-19 (2) may:
7-20 (A) request the judge to:
7-21 (i) submit a written response to the
7-22 allegation or appearance of misconduct or disability; or
7-23 (ii) appear informally before the
7-24 commission; [or]
7-25 (B) order the deposition of any person other
7-26 than the judge; or
7-27 (C) request the complainant to appear informally
8-1 before the commission.
8-2 (l) The commission shall adopt a policy that provides
8-3 procedures for hearing from judges and complainants appearing
8-4 before the commission. The policy shall ensure the confidentiality
8-5 of a complainant's identity as provided under Section 33.0321.
8-6 SECTION 6. Section 33.032, Government Code, is amended by
8-7 amending Subsections (a) and (b) and adding Subsection (f) to read
8-8 as follows:
8-9 (a) Except as provided by Section 33.034 and Subsections
8-10 (c), (d), [and] (e), and (f), the papers filed with and proceedings
8-11 before the commission are confidential prior to the filing of
8-12 formal charges [convening of a formal hearing].
8-13 (b) The formal hearing and any evidence introduced during
8-14 the formal hearing, including papers, records, documents, and
8-15 pleadings filed with the clerk, shall be public [on the convening
8-16 of the formal hearing].
8-17 (f) If the commission issues an order suspending a judge who
8-18 has been indicted for a criminal offense, the order, any withdrawal
8-19 of the order, and all records and proceedings related to the
8-20 suspension shall be public.
8-21 SECTION 7. Subchapter B, Chapter 33, Government Code, is
8-22 amended by adding Section 33.0321 to read as follows:
8-23 Sec. 33.0321. CONFIDENTIALITY OF COMPLAINANT'S IDENTITY. On
8-24 the request of a complainant, the commission may keep the
8-25 complainant's identity confidential.
8-26 SECTION 8. Section 33.033, Government Code, is amended by
8-27 adding Subsection (e) to read as follows:
9-1 (e) If the complaint is dismissed by the commission, the
9-2 commission shall include in the notification under Subsection (a):
9-3 (1) an explanation of each reason for the dismissal;
9-4 and
9-5 (2) information relating to requesting reconsideration
9-6 of the dismissed complaint as provided by Sections 33.035(a) and
9-7 (f).
9-8 SECTION 9. Subchapter B, Chapter 33, Government Code, is
9-9 amended by adding Sections 33.035 and 33.036 to read as follows:
9-10 Sec. 33.035. RECONSIDERATION OF COMPLAINT. (a) A
9-11 complainant may request reconsideration of a dismissed complaint
9-12 if, not later than the 30th day after the date of the communication
9-13 informing the complainant of the dismissal, the complainant
9-14 provides additional evidence of misconduct committed by the judge.
9-15 (b) The commission shall deny a request for reconsideration
9-16 if the complainant does not meet the requirements under Subsection
9-17 (a). The commission shall notify the complainant of the denial in
9-18 writing.
9-19 (c) The commission shall grant a request for reconsideration
9-20 if the complainant meets the requirements under Subsection (a).
9-21 After granting a request, the commission shall vote to:
9-22 (1) affirm the original decision to dismiss the
9-23 complaint; or
9-24 (2) reopen the complaint.
9-25 (d) The commission shall notify the complainant of the
9-26 results of the commission's vote under Subsection (c) in writing.
9-27 (e) The commission shall conduct a full investigation of a
10-1 complaint reopened under Subsection (c)(2). The investigation
10-2 shall be conducted by commission staff who were not involved in the
10-3 original investigation.
10-4 (f) A complainant may request reconsideration of a dismissed
10-5 complaint under this section only once.
10-6 Sec. 33.036. CERTAIN DISCLOSURE OF INFORMATION. (a) To
10-7 protect the public interest, the commission may disclose
10-8 information relating to an investigation or proceeding under this
10-9 chapter to:
10-10 (1) a law enforcement agency;
10-11 (2) a public official who is authorized or required by
10-12 law to appoint a person to serve as a judge;
10-13 (3) a court; or
10-14 (4) an entity that provides commission-ordered
10-15 education to judges.
10-16 (b) Information may be disclosed under this section only to
10-17 the extent necessary for the recipient of the information to
10-18 perform an official duty or function.
10-19 SECTION 10. Subchapter F, Chapter 411, Government Code, is
10-20 amended by adding Section 411.137 to read as follows:
10-21 Sec. 411.137. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
10-22 STATE COMMISSION ON JUDICIAL CONDUCT. (a) The State Commission on
10-23 Judicial Conduct is entitled to obtain from the department criminal
10-24 history record information maintained by the department that
10-25 relates to a person who is:
10-26 (1) a judge who is the subject of an investigation or
10-27 proceeding under Chapter 33; or
11-1 (2) the complainant or a witness in an investigation
11-2 or a proceeding under Chapter 33.
11-3 (b) Information received by the commission is confidential
11-4 and may be disseminated only in an investigation or proceeding
11-5 conducted by the commission.
11-6 (c) The commission shall destroy criminal history record
11-7 information obtained under this section promptly after a final
11-8 determination is made in the matter for which the information was
11-9 obtained.
11-10 SECTION 11. Section 33.005(e), Government Code, is repealed.
11-11 SECTION 12. (a) Not later than January 1, 2002, the State
11-12 Commission on Judicial Conduct shall:
11-13 (1) develop plain-language materials and adopt a
11-14 policy to effectively distribute the materials as required by
11-15 Section 33.007, Government Code, as added by this Act; and
11-16 (2) adopt a policy that provides hearing procedures as
11-17 required by Section 33.022(l), Government Code, as added by this
11-18 Act.
11-19 (b) Section 33.032, Government Code, as amended by this Act,
11-20 applies to papers filed with and proceedings before the State
11-21 Commission on Judicial Conduct, regardless of whether the papers
11-22 were filed or the proceedings were commenced before, on, or after
11-23 the effective date of this Act.
11-24 (c) Section 33.036, Government Code, as added by this Act,
11-25 applies to information relating to an investigation or proceeding
11-26 commenced before, on, or after the effective date of this Act.
11-27 (d) Section 33.0043, Government Code, as added by this Act,
12-1 applies only to a member of the State Commission on Judicial
12-2 Conduct appointed on or after the effective date of this Act.
12-3 (e) Sections 33.0211 and 33.033(e), Government Code, as
12-4 added by this Act, apply only to complaints filed with the State
12-5 Commission on Judicial Conduct on or after the effective date of
12-6 this Act.
12-7 SECTION 13. This Act takes effect September 1, 2001.