1-1 By: Lucio S.B. No. 303
1-2 (In the Senate - Filed February 16, 2001; February 20, 2001,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 March 13, 2001, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; March 13, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the functions of the State Commission on Judicial
1-9 Conduct.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 33.002, Government Code, is amended by
1-12 adding Subsection (c) to read as follows:
1-13 (c) Appointments to the commission shall be made without
1-14 regard to the race, color, disability, sex, religion, age, or
1-15 national origin of the appointees.
1-16 SECTION 2. Subchapter A, Chapter 33, Government Code, is
1-17 amended by adding Sections 33.0032, 33.0041 through 33.0046,
1-18 33.007, 33.008, and 33.009 to read as follows:
1-19 Sec. 33.0032. CONFLICT OF INTEREST. (a) In this section,
1-20 "Texas trade association" means a cooperative and voluntarily
1-21 joined association of business or professional competitors in this
1-22 state designed to assist its members and its industry or profession
1-23 in dealing with mutual business or professional problems and in
1-24 promoting their common interest.
1-25 (b) A person may not be a commission employee employed in a
1-26 "bona fide executive, administrative, or professional capacity," as
1-27 that phrase is used for purposes of establishing an exemption to
1-28 the overtime provisions of the federal Fair Labor Standards Act of
1-29 1938 (29 U.S.C. Section 201 et seq.), and its subsequent
1-30 amendments, if:
1-31 (1) the person is an officer, employee, or paid
1-32 consultant of a Texas trade association the members of which are
1-33 subject to regulation by the commission; or
1-34 (2) the person's spouse is an officer, manager, or
1-35 paid consultant of a Texas trade association the members of which
1-36 are subject to regulation by the commission.
1-37 (c) A person may not act as the general counsel to the
1-38 commission if the person is required to register as a lobbyist
1-39 under Chapter 305, Government Code, because of the person's
1-40 activities for compensation on behalf of a profession related to
1-41 the operation of the commission.
1-42 Sec. 33.0041. REMOVAL OF COMMISSION MEMBER; NOTIFICATION
1-43 PROCEDURES. If the executive director has knowledge that a
1-44 potential ground for removal of a commission member exists, the
1-45 executive director shall notify the presiding officer of the
1-46 commission of the potential ground. The presiding officer shall
1-47 then notify the governor and the attorney general that a potential
1-48 ground for removal exists. If the potential ground for removal
1-49 involves the presiding officer, the executive director shall notify
1-50 the next highest ranking officer of the commission, who shall then
1-51 notify the governor and the attorney general that a potential
1-52 ground for removal exists.
1-53 Sec. 33.0042. REQUIREMENTS FOR OFFICE OR EMPLOYMENT:
1-54 INFORMATION. The executive director or the executive director's
1-55 designee shall provide to members of the commission and to agency
1-56 employees, as often as necessary, information regarding the
1-57 requirements for office or employment under this chapter and
1-58 Section 1-a, Article V, Texas Constitution, including information
1-59 regarding a person's responsibilities under applicable laws
1-60 relating to standards of conduct for state officers or employees.
1-61 Sec. 33.0043. COMMISSION MEMBER TRAINING. (a) A person who
1-62 is appointed to and qualifies for office as a member of the
1-63 commission shall complete a training program that complies with
1-64 this section.
2-1 (b) The training program must provide the person with
2-2 information regarding:
2-3 (1) the legislation that created the commission;
2-4 (2) the programs operated by the commission;
2-5 (3) the role and functions of the commission;
2-6 (4) the rules of the commission with an emphasis on
2-7 the rules that relate to disciplinary and investigatory authority;
2-8 (5) the current budget for the commission;
2-9 (6) the results of the most recent formal audit of the
2-10 commission;
2-11 (7) the requirements of:
2-12 (A) the administrative procedure law, Chapter
2-13 2001; and
2-14 (B) other laws relating to public officials,
2-15 including conflict-of-interest laws; and
2-16 (8) any applicable ethics policies adopted by the
2-17 commission or the Texas Ethics Commission.
2-18 (c) A person appointed to the commission is entitled to
2-19 reimbursement, as provided by the General Appropriations Act, for
2-20 the travel expenses incurred in attending the training program
2-21 regardless of whether the attendance at the program occurs before
2-22 or after the person qualifies for office.
2-23 Sec. 33.0044. DIVISION OF RESPONSIBILITY. The commission
2-24 shall develop and implement policies that clearly separate the
2-25 policy-making responsibilities of the commission and the management
2-26 responsibilities of the executive director and staff of the
2-27 commission.
2-28 Sec. 33.0045. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.
2-29 (a) The executive director or the executive director's designee
2-30 shall prepare and maintain a written policy statement that
2-31 implements a program of equal employment opportunity to ensure that
2-32 all personnel decisions are made without regard to race, color,
2-33 disability, sex, religion, age, or national origin.
2-34 (b) The policy statement must include:
2-35 (1) personnel policies, including policies relating to
2-36 recruitment, evaluation, selection, training, and promotion of
2-37 personnel, that show the intent of the commission to avoid the
2-38 unlawful employment practices described by Chapter 21, Labor Code;
2-39 and
2-40 (2) an analysis of the extent to which the composition
2-41 of the commission's personnel is in accordance with state and
2-42 federal law and a description of reasonable methods to achieve
2-43 compliance with state and federal law.
2-44 (c) The policy statement must:
2-45 (1) be updated annually;
2-46 (2) be reviewed by the state Commission on Human
2-47 Rights for compliance with Subsection (b)(1); and
2-48 (3) be filed with the governor's office.
2-49 Sec. 33.0046. STATE EMPLOYEE INCENTIVE PROGRAM: INFORMATION
2-50 AND TRAINING. The executive director or the executive director's
2-51 designee shall provide to agency employees information and training
2-52 on the benefits and methods of participation in the state employee
2-53 incentive program.
2-54 Sec. 33.007. DISTRIBUTION OF MATERIALS TO JUDGES AND THE
2-55 PUBLIC. (a) The commission shall develop and distribute
2-56 plain-language materials as described by this section to judges and
2-57 the public.
2-58 (b) The materials must include a description of:
2-59 (1) the commission's responsibilities;
2-60 (2) the types of conduct that constitute judicial
2-61 misconduct;
2-62 (3) the types of sanctions issued by the commission,
2-63 including orders of additional education; and
2-64 (4) the commission's policies and procedures relating
2-65 to complaint investigation and resolution.
2-66 (c) The materials shall be provided in English and Spanish.
2-67 (d) The commission shall provide to each person filing a
2-68 complaint with the commission the materials described by this
2-69 section.
3-1 (e) The commission shall adopt a policy to effectively
3-2 distribute materials as required by this section.
3-3 Sec. 33.008. PUBLICATION OF SANCTIONS. The Texas Bar
3-4 Journal shall periodically publish sanctions and orders of
3-5 additional education issued by the commission.
3-6 Sec. 33.009. JUDICIAL MISCONDUCT INFORMATION. The
3-7 commission shall routinely provide to entities that provide
3-8 education to judges information relating to judicial misconduct
3-9 resulting in sanctions or orders of additional education issued by
3-10 the commission. The commission shall categorize the information by
3-11 level of judge and type of misconduct.
3-12 SECTION 3. Chapter 33, Government Code, is amended by
3-13 amending the heading of Subchapter B to read as follows:
3-14 SUBCHAPTER B. POWERS AND DUTIES
3-15 SECTION 4. Subchapter B, Chapter 33, Government Code, is
3-16 amended by adding Section 33.0211 to read as follows:
3-17 Sec. 33.0211. COMPLAINTS. (a) The commission shall
3-18 maintain a file on each written complaint filed with the
3-19 commission. The file must include:
3-20 (1) the name of the person who filed the complaint;
3-21 (2) the date the complaint is received by the
3-22 commission;
3-23 (3) the subject matter of the complaint;
3-24 (4) the name of each person contacted in relation to
3-25 the complaint;
3-26 (5) a summary of the results of the review or
3-27 investigation of the complaint; and
3-28 (6) an explanation of the reason the file was closed,
3-29 if the commission closed the file without taking action other than
3-30 to investigate the complaint.
3-31 (b) The commission, at least quarterly until final
3-32 disposition of the complaint, shall notify the person filing the
3-33 complaint of the status of the investigation unless the notice
3-34 would jeopardize an undercover investigation.
3-35 SECTION 5. Section 33.022, Government Code, is amended by
3-36 amending Subsection (c) and adding Subsection (l) to read as
3-37 follows:
3-38 (c) If, after conducting a preliminary investigation under
3-39 this section, the commission does not determine that an allegation
3-40 or appearance of misconduct or disability is unfounded or
3-41 frivolous, the commission:
3-42 (1) shall:
3-43 (A) conduct a full investigation of the
3-44 circumstances surrounding the allegation or appearance of
3-45 misconduct or disability; and
3-46 (B) notify the judge in writing of:
3-47 (i) the commencement of the investigation;
3-48 and
3-49 (ii) the nature of the allegation or
3-50 appearance of misconduct or disability being investigated; and
3-51 (2) may:
3-52 (A) request the judge to:
3-53 (i) submit a written response to the
3-54 allegation or appearance of misconduct or disability; or
3-55 (ii) appear informally before the
3-56 commission; [or]
3-57 (B) order the deposition of any person other
3-58 than the judge; or
3-59 (C) request the complainant to appear informally
3-60 before the commission.
3-61 (l) The commission shall adopt a policy that provides
3-62 procedures for hearing from judges and complainants appearing
3-63 before the commission. The policy shall ensure the confidentiality
3-64 of a complainant's identity as provided under Section 33.0321.
3-65 SECTION 6. Section 33.032, Government Code, is amended by
3-66 amending Subsections (a) and (b) and adding Subsection (f) to read
3-67 as follows:
3-68 (a) Except as provided by Section 33.034 and Subsections
3-69 (c), (d), [and] (e), and (f), the papers filed with and proceedings
4-1 before the commission are confidential prior to the filing of
4-2 formal charges [convening of a formal hearing].
4-3 (b) The formal hearing and any evidence introduced during
4-4 the formal hearing, including papers, records, documents, and
4-5 pleadings filed with the clerk, shall be public [on the convening
4-6 of the formal hearing].
4-7 (f) If the commission issues an order suspending a judge who
4-8 has been indicted for a criminal offense, the order, any withdrawal
4-9 of the order, and all records and proceedings related to the
4-10 suspension shall be public.
4-11 SECTION 7. Subchapter B, Chapter 33, Government Code, is
4-12 amended by adding Section 33.0321 to read as follows:
4-13 Sec. 33.0321. CONFIDENTIALITY OF COMPLAINANT'S IDENTITY. On
4-14 the request of a complainant, the commission may keep the
4-15 complainant's identity confidential.
4-16 SECTION 8. Section 33.033, Government Code, is amended by
4-17 adding Subsection (e) to read as follows:
4-18 (e) If the complaint is dismissed by the commission, the
4-19 commission shall include in the notification under Subsection (a):
4-20 (1) an explanation of each reason for the dismissal;
4-21 and
4-22 (2) information relating to requesting reconsideration
4-23 of the dismissed complaint as provided by Sections 33.035(a) and
4-24 (f).
4-25 SECTION 9. Subchapter B, Chapter 33, Government Code, is
4-26 amended by adding Sections 33.035 and 33.036 to read as follows:
4-27 Sec. 33.035. RECONSIDERATION OF COMPLAINT. (a) A
4-28 complainant may request reconsideration of a dismissed complaint
4-29 if, not later than the 30th day after the date of the communication
4-30 informing the complainant of the dismissal, the complainant
4-31 provides additional evidence of misconduct committed by the judge.
4-32 (b) The commission shall deny a request for reconsideration
4-33 if the complainant does not meet the requirements under Subsection
4-34 (a). The commission shall notify the complainant of the denial in
4-35 writing.
4-36 (c) The commission shall grant a request for reconsideration
4-37 if the complainant meets the requirements under Subsection (a).
4-38 After granting a request, the commission shall vote to:
4-39 (1) affirm the original decision to dismiss the
4-40 complaint; or
4-41 (2) reopen the complaint.
4-42 (d) The commission shall notify the complainant of the
4-43 results of the commission's vote under Subsection (c) in writing.
4-44 (e) The commission shall conduct a full investigation of a
4-45 complaint reopened under Subsection (c)(2). The investigation
4-46 shall be conducted by commission staff who were not involved in the
4-47 original investigation.
4-48 (f) A complainant may request reconsideration of a dismissed
4-49 complaint under this section only once.
4-50 Sec. 33.036. CERTAIN DISCLOSURE OF INFORMATION. (a) To
4-51 protect the public interest, the commission may disclose
4-52 information relating to an investigation or proceeding under this
4-53 chapter to:
4-54 (1) a law enforcement agency;
4-55 (2) a public official who is authorized or required by
4-56 law to appoint a person to serve as a judge;
4-57 (3) a court; or
4-58 (4) an entity that provides commission-ordered
4-59 education to judges.
4-60 (b) Information may be disclosed under this section only to
4-61 the extent necessary for the recipient of the information to
4-62 perform an official duty or function.
4-63 SECTION 10. Subchapter F, Chapter 411, Government Code, is
4-64 amended by adding Section 411.137 to read as follows:
4-65 Sec. 411.137. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
4-66 STATE COMMISSION ON JUDICIAL CONDUCT. (a) The State Commission on
4-67 Judicial Conduct is entitled to obtain from the department criminal
4-68 history record information maintained by the department that
4-69 relates to a person who is:
5-1 (1) a judge who is the subject of an investigation or
5-2 proceeding under Chapter 33; or
5-3 (2) the complainant or a witness in an investigation
5-4 or a proceeding under Chapter 33.
5-5 (b) Information received by the State Commission on Judicial
5-6 Conduct is confidential and may be disseminated only in an
5-7 investigation or proceeding conducted by the commission.
5-8 (c) The State Commission on Judicial Conduct shall destroy
5-9 criminal history record information obtained under this section
5-10 promptly after a final determination is made in the matter for
5-11 which the information was obtained.
5-12 SECTION 11. Subsection (e), Section 33.005, Government Code,
5-13 is repealed.
5-14 SECTION 12. (a) Not later than January 1, 2002, the State
5-15 Commission on Judicial Conduct shall:
5-16 (1) develop plain-language materials and adopt a
5-17 policy to effectively distribute the materials as required by
5-18 Section 33.007, Government Code, as added by this Act; and
5-19 (2) adopt a policy that provides hearing procedures as
5-20 required by Subsection (l), Section 33.022, Government Code, as
5-21 added by this Act.
5-22 (b) Section 33.032, Government Code, as amended by this Act,
5-23 applies to papers filed with and proceedings before the State
5-24 Commission on Judicial Conduct, regardless of whether the papers
5-25 were filed or the proceedings were commenced before, on, or after
5-26 the effective date of this Act.
5-27 (c) Section 33.036, Government Code, as added by this Act,
5-28 applies to information relating to an investigation or proceeding
5-29 commenced before, on, or after the effective date of this Act.
5-30 (d) Section 33.0043, Government Code, as added by this Act,
5-31 applies only to a member of the State Commission on Judicial
5-32 Conduct appointed on or after the effective date of this Act.
5-33 (e) Section 33.0211 and Subsection (e), Section 33.033,
5-34 Government Code, as added by this Act, apply only to complaints
5-35 filed with the State Commission on Judicial Conduct on or after the
5-36 effective date of this Act.
5-37 SECTION 13. This Act takes effect September 1, 2001.
5-38 * * * * *