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A BILL TO BE ENTITLED
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AN ACT
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relating to the recovery of certain attorney's fees and costs |
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incurred in certain proceedings to review decisions made by the |
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State Commission on Judicial Conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.031, Government Code, is amended to |
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read as follows: |
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Sec. 33.031. [NO] AWARD OF COSTS AND ATTORNEY'S FEES; |
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WAIVER OF SOVEREIGN IMMUNITY. (a) Except as provided by |
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Subsection (b), court [Court] costs or attorney's fees may not be |
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awarded in a proceeding under this chapter. |
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(b) A judge who prevails in a proceeding under Section |
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33.034 may bring an action against the state to recover reasonable |
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attorney's fees, litigation expenses, and other costs incurred with |
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respect to that proceeding. The sovereign immunity of the state |
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from suit and from liability is waived and abolished to the extent |
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necessary to recover under this subsection. |
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SECTION 2. (a) Subject to Subsection (b), the change in law |
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made by this Act applies to a proceeding to review a decision made |
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by the State Commission on Judicial Conduct that was commenced or |
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pending on or after January 1, 2006. |
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(b) A judge who, on or before the 30th day after the |
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effective date of this Act, prevails in a proceeding under Section |
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33.034, Government Code, to review a decision made by the State |
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Commission on Judicial Conduct must bring an action against the |
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state under Section 33.031, Government Code, as amended by this |
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Act, not later than January 1, 2008, or the action is barred. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |