SRC-TAG S.B. 1196 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1196
78R3675 QS-DBy: Hinojosa
Jurisprudence
3/29/2003
As Filed


DIGEST AND PURPOSE 

Currently, the State Commission on Judicial Conduct is not empowered to
perform audits in regards to suspicious contributions given to judges.  As
proposed, S.B. 1196 requires judges to report all contributions to the
State Commission on Judicial Conduct.  This bill gives the commission the
ability to determine whether judges have taken  any unlawful
contributions.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 33B, by adding Section 33.0225, as follows:

Sec.  33.0225.  AUDITS.  (a)  Authorizes the State Commission on Judicial
Conduct (commission) to conduct an audit of assets, financial records, and
financial situation of a judge against whom the complaint was made,
provided by Section  33.022(b) (Investigations and Formal Proceedings),
Government Code.  

(b)  Authorizes an audit to be conducted under this section only if, after
conducting a preliminary investigation under Section 33.022, a majority of
the commission members have a reasonable belief that the judge against
whom the complaint was filed engaged in wilful or persistent conduct that
is inconsistent with the proper performance of a judge's duties and vote
in favor of an audit. 

(c)  Authorizes the commission to contract with a licensed auditor to
conduct an audit under this section. 

(d)  Requires an audit to be conducted in accordance to auditing standards
as prescribed by the American Institute of Certified Public Accountants,
the Governmental Accounting Standard Board, the United States General
Accounting Office, or other professionally recognized entities that
prescribe auditing standards. 

SECTION 2.  Amends Section 33.031, Government Code, as follows:

Sec.  33.031.  New heading: COSTS, FEES, AND EXPENSES.  (a)  Provides that
except as provided by Subsection (b) costs or attorney's fees may not be
awarded in a proceeding under this chapter.   

(b)  Provides that the commission, on a finding of misconduct of a judge
in formal proceeding before a special master or the commission due to a
complaint alleging financial misconduct, is entitled to recover from the
judge court costs, attorney's fees, and reasonable expenses related to the
proceedings. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 2003.