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78R3675 QS-D

By:  Hinojosa                                                     S.B. No. 1196



A BILL TO BE ENTITLED

AN ACT

relating to the authority of the State Commission on Judicial 
Conduct to conduct a financial audit of certain judges.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 33, Government Code, is 
amended by adding Section 33.0225 to read as follows:
	Sec. 33.0225.  AUDIT.  (a)  Subject to Subsection (b), as 
part of a full investigation of a complaint alleging financial 
misconduct conducted under Section 33.022, the commission may 
conduct an audit of the assets, financial records, and financial 
situation of the judge against whom the complaint was made.
	(b)  An audit may be conducted under this section only if, 
after conducting a preliminary investigation under Section 33.022, 
a majority of the members of the commission:
		(1)  have a reasonable belief that the judge against 
whom the complaint was filed engaged in wilful or persistent 
conduct that is clearly inconsistent with the proper performance of 
a judge's duties; and
		(2)  vote in favor of an audit.                                        
	(c)  The commission may contract with a licensed auditor to 
conduct an audit under this section.
	(d)  An audit must be conducted in accordance with generally 
accepted auditing standards as prescribed by the American Institute 
of Certified Public Accountants, the Governmental Accounting 
Standards Board, the United States General Accounting Office, or 
other professionally recognized entities that prescribe auditing 
standards.
	SECTION 2.  Section 33.031, Government Code, is amended to 
read as follows:  
	Sec. 33.031.  [NO AWARD OF] COSTS, FEES, AND EXPENSES.  (a)  
Except as provided by Subsection (b), court [Court] costs or 
attorney's fees may not be awarded in a proceeding under this 
chapter.
	(b)  On a finding of misconduct of a judge in formal 
proceedings before a special master or the commission that results 
from a complaint alleging financial misconduct, the commission is 
entitled to recover from the judge court costs, attorney's fees, 
and reasonable expenses related to the proceedings.
	SECTION 3.  (a)  Section 33.0225, Government Code, as added 
by this Act, applies only to the investigation of a complaint 
received by the State Commission on Judicial Conduct on or after the 
effective date of this Act.  The investigation of a complaint 
received before the effective date of this Act is governed by the 
law in effect on the date the complaint was received, and the former 
law is continued in effect for that purpose.
	(b)  Section 33.031, Government Code, as amended by this Act, 
applies only to formal proceedings instituted on or after the 
effective date of this Act.  Formal proceedings instituted before 
the effective date of this Act are governed by the law in effect at 
the time the proceedings were instituted, and the former law is 
continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2003.