78R6259 T

By:  Ritter                                                       H.B. No. 1140



A BILL TO BE ENTITLED

AN ACT

relating to the acceptance of a referral fee or gift by certain 
judges; providing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 33, Government Code, is amended by 
adding Subchapter C to read as follows:

SUBCHAPTER C.  JUDICIAL CONDUCT
	Sec. 33.051.  SOLICITATION OR ACCEPTANCE OF REFERRAL FEES OR 
GIFTS BY JUDGE; CRIMINAL PENALTY.  (a)  A judge commits an offense 
if the judge solicits or accepts a gift or a referral fee in 
exchange for referring any kind of legal business to an attorney or 
law firm.  This subsection does not prohibit a judge from:
		(1)  soliciting funds for appropriate campaign or 
officeholder expenses as permitted by Canon 4D, Code of Judicial 
Conduct, and state law; or
		(2)  accepting a gift in accordance with the provisions 
of Canon 4D, Code of Judicial Conduct.
	(b)  It is an affirmative defense to prosecution under 
Subsection (a) that:
		(1)  the judge solicited the gift or referral fee 
before taking the oath of office but accepted the gift or fee after 
taking the oath of office; or
		(2)  the judge solicited or accepted the gift or 
referral fee after taking the oath of office in exchange for 
referring to an attorney or law firm legal business that the judge 
was engaged in but was unable to complete before taking the oath of 
office.
	(c)  An offense under this section is a Class B misdemeanor.            
	(d)  If, after an investigation, the commission determines 
that a judge engaged in conduct described by Subsection (a) to which 
Subsection (b) does not apply, the commission may issue a sanction 
against the judge or institute formal proceedings, regardless of 
whether the judge is being prosecuted or has been convicted of an 
offense under this section.
	(e)  An attorney or judge who has information that a judge 
engaged in conduct described by Subsection (a) to which Subsection 
(b) does not apply shall file a complaint with the commission not 
later than the 30th day after the date the attorney or judge 
obtained the information.  A judge who fails to comply with this 
subsection is subject to sanctions by the commission.  An attorney 
who fails to comply with this subsection is subject to discipline by 
the Commission for Lawyer Discipline under Subchapter E, Chapter 
81.
	(f)  For purposes of this section:                                      
		(1)  "Judge" does not include a constitutional county 
court judge, a justice of the peace, or a municipal court judge.
		(2)  "Referral fee" includes forwarding fees, 
acknowledgment fees, and any form of payment, benefit, or 
compensation related to the referral or placement of a potential 
client for legal services.
	SECTION 2.  Subsections (d) and (e), Section 33.051, 
Government Code, as added by this Act, apply only to conduct that 
occurs on or after the effective date of this Act.  Conduct that 
occurs before the effective date of this Act is governed by the law 
in effect on the date the conduct occurred, and that law is 
continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2003.