By Wentworth                                           S.B. No. 721
         77R2901 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, 33.0041-33.0045, 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 related to the operation of
 2-3     the commission; or
 2-4                 (2)  the person's spouse is an officer, manager, or
 2-5     paid consultant of a Texas trade association related to the
 2-6     operation of 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     policymaking 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. 33.007.  DISTRIBUTION OF MATERIALS TO JUDGES AND THE
 5-3     PUBLIC. (a)  The commission shall develop and distribute
 5-4     plain-language materials as described by this section to judges and
 5-5     the public.
 5-6           (b)  The materials must include a description of:
 5-7                 (1)  the commission's responsibilities;
 5-8                 (2)  the types of conduct that constitute judicial
 5-9     misconduct;
5-10                 (3)  the types of sanctions issued by the commission,
5-11     including orders of additional education; and
5-12                 (4)  the commission's policies and procedures relating
5-13     to complaint investigation and resolution.
5-14           (c)  The materials shall be provided in English and Spanish.
5-15           (d)  The commission shall provide to each person filing a
5-16     complaint with the commission the materials described by this
5-17     section.
5-18           (e)  The commission shall adopt a policy to effectively
5-19     distribute materials as required by this section.
5-20           Sec. 33.008.  PUBLICATION OF SANCTIONS. The Texas Bar Journal
5-21     shall periodically publish sanctions and orders of additional
5-22     education issued by the commission.
5-23           Sec. 33.009.  JUDICIAL MISCONDUCT INFORMATION. The commission
5-24     shall routinely provide to entities that provide training to judges
5-25     information relating to common judicial misconduct resulting in
5-26     sanctions or orders of additional education issued by the
5-27     commission.  The commission shall categorize the information by
 6-1     level of judge and type of misconduct.
 6-2           SECTION 3. Chapter 33, Government Code, is amended by
 6-3     amending the heading of Subchapter B to read as follows:
 6-4                      SUBCHAPTER B.  POWERS AND DUTIES
 6-5           SECTION 4. Subchapter B, Chapter 33, Government Code, is
 6-6     amended by adding Section 33.0211 to read as follows:
 6-7           Sec. 33.0211.  COMPLAINTS. (a)  The commission shall maintain
 6-8     a file on each written complaint filed with the commission.  The
 6-9     file must include:
6-10                 (1)  the name of the person who filed the complaint;
6-11                 (2)  the date the complaint is received by the
6-12     commission;
6-13                 (3)  the subject matter of the complaint;
6-14                 (4)  the name of each person contacted in relation to
6-15     the complaint;
6-16                 (5)  a summary of the results of the review or
6-17     investigation of the complaint; and
6-18                 (6)  an explanation of the reason the file was closed,
6-19     if the commission closed the file without taking action other than
6-20     to investigate the complaint.
6-21           (b)  The commission, at least quarterly until final
6-22     disposition of the complaint, shall notify the person filing the
6-23     complaint of the status of the investigation unless the notice
6-24     would jeopardize an undercover investigation.
6-25           SECTION 5. Section 33.022, Government Code, is amended by
6-26     amending Subsection (c) and adding Subsection (l) to read as
6-27     follows:
 7-1           (c)  If, after conducting a preliminary investigation under
 7-2     this section, the commission does not determine that an allegation
 7-3     or appearance of misconduct or disability is unfounded or
 7-4     frivolous, the commission:
 7-5                 (1)  shall:
 7-6                       (A)  conduct a full investigation of the
 7-7     circumstances surrounding the allegation or appearance of
 7-8     misconduct or disability; and
 7-9                       (B)  notify the judge in writing of:
7-10                             (i)  the commencement of the investigation;
7-11     and
7-12                             (ii)  the nature of the allegation or
7-13     appearance of misconduct or disability being investigated; and
7-14                 (2)  may:
7-15                       (A)  request the judge to:
7-16                             (i)  submit a written response to the
7-17     allegation or appearance of misconduct or disability; or
7-18                             (ii)  appear informally before the
7-19     commission; [or]
7-20                       (B)  order the deposition of any person other
7-21     than the judge; or
7-22                       (C)  request the complainant to appear informally
7-23     before the commission.
7-24           (l)  The commission by rule shall adopt procedures for
7-25     hearing from judges and complainants appearing before the
7-26     commission.  The rules shall ensure the confidentiality of a
7-27     complainant's identity as required by Section 33.0321.
 8-1           SECTION 6. Section 33.032, Government Code, is amended by
 8-2     amending Subsections (a) and (b) and adding Subsection (f) to read
 8-3     as follows:
 8-4           (a)  Except as provided by Section 33.034 and Subsections
 8-5     (c), (d), [and] (e), and (f), the papers filed with and proceedings
 8-6     before the commission are confidential prior to the filing of
 8-7     formal charges [convening of a formal hearing].
 8-8           (b)  The formal hearing and any evidence introduced during
 8-9     the formal hearing, including papers, records, documents, and
8-10     pleadings filed with the clerk, shall be public [on the convening
8-11     of the formal hearing].
8-12           (f)  If the commission issues an order suspending a judge who
8-13     has been indicted for a criminal offense, the order, any withdrawal
8-14     of the order, and all records and proceedings related to the
8-15     suspension shall be public.
8-16           SECTION 7. Subchapter B, Chapter 33, Government Code, is
8-17     amended by adding Section 33.0321 to read as follows:
8-18           Sec. 33.0321.  CONFIDENTIALITY OF COMPLAINANT'S IDENTITY. On
8-19     the request of a complainant, the commission shall ensure the
8-20     confidentiality of the complainant's identity, unless providing
8-21     confidentiality would impede the commission's ability to conduct an
8-22     investigation.
8-23           SECTION 8. Section 33.033, Government Code, is amended  by
8-24     adding Subsection (e) to read as follows:
8-25           (e)  If the complaint is dismissed by the commission, the
8-26     commission shall include an explanation of each reason for the
8-27     dismissal.
 9-1           SECTION 9. Subchapter B, Chapter 33, Government Code, is
 9-2     amended by adding Sections 33.035 and 33.036 to read as follows:
 9-3           Sec. 33.035.  RECONSIDERATION OF COMPLAINT. (a)  A
 9-4     complainant may request reconsideration of a dismissed complaint if
 9-5     the complainant provides additional evidence of misconduct
 9-6     committed by the judge not later than the 30th day after the date
 9-7     of the communication informing the complainant of the dismissal.
 9-8           (b)  The commission shall conduct a full investigation of a
 9-9     reconsidered complaint.  The investigation shall be conducted by
9-10     commission staff who were not involved in the original
9-11     investigation.
9-12           Sec. 33.036.  CERTAIN DISCLOSURE OF INFORMATION. (a)  To
9-13     protect the public interest, the commission may disclose
9-14     information relating to an investigation or proceeding under this
9-15     chapter to:
9-16                 (1)  a law enforcement agency;
9-17                 (2)  a public official who is authorized or required by
9-18     law to appoint a person to serve as a judge;
9-19                 (3)  a court; or
9-20                 (4)  an entity that provides training to judges.
9-21           (b)  Information may be disclosed under this section only to
9-22     the extent necessary for the recipient of the information to
9-23     perform an official duty or function.
9-24           SECTION 10. Subchapter F, Chapter 411, Government Code, is
9-25     amended by adding Section 411.137 to read as follows:
9-26           Sec. 411.137.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
9-27     STATE COMMISSION ON JUDICIAL CONDUCT. (a)  The State Commission on
 10-1    Judicial Conduct is entitled to obtain from the department criminal
 10-2    history record information maintained by the department that
 10-3    relates to a person who is:
 10-4                (1)  a judge who is the subject of an investigation or
 10-5    proceeding under Chapter 33; or
 10-6                (2)  the complainant or a witness in an investigation
 10-7    or a proceeding under Chapter 33.
 10-8          (b)  Information received by the commission is confidential
 10-9    and may be disseminated only in an investigation or proceeding
10-10    conducted by the commission.
10-11          (c)  The commission shall destroy criminal history record
10-12    information obtained under this section promptly after a final
10-13    determination is made in the matter for which the information was
10-14    obtained.
10-15          SECTION 11. Section 33.005(e), Government Code, is repealed.
10-16          SECTION 12. (a)  Not later than January 1, 2002, the State
10-17    Commission on Judicial Conduct shall:
10-18                (1)  develop plain-language materials and adopt a
10-19    policy to effectively distribute the materials as required by
10-20    Section 33.007, Government Code, as added by this Act; and
10-21                (2)  adopt hearing procedures as required by Section
10-22    33.022(l), Government Code, as added by this Act.
10-23          (b)  Section 33.032, Government Code, as amended by this Act,
10-24    applies to papers filed with and proceedings before the State
10-25    Commission on Judicial Conduct, regardless of whether the papers
10-26    were filed or the proceedings were commenced before, on, or after
10-27    the effective date of this Act.
 11-1          (c)  Section 33.036, Government Code, as added by this Act,
 11-2    applies to information relating to an investigation or proceeding
 11-3    commenced before, on, or after the effective date of this Act.
 11-4          (d)  Section 33.0043, Government Code, as added by this Act,
 11-5    applies only to a member of the State Commission on Judicial
 11-6    Conduct appointed on or after the effective date of this Act.
 11-7          (e)  Sections 33.0211 and 33.033(e), Government Code, as
 11-8    added by this Act, apply only to complaints filed with the State
 11-9    Commission on Judicial Conduct on or after the effective date of
11-10    this Act.
11-11          SECTION 13. This Act takes effect September 1, 2001.