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A BILL TO BE ENTITLED
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AN ACT
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relating to a justice or judge having a substantial interest in a |
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business entity that owns, manages, or operates a private |
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correctional or rehabilitation facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 21, Government Code, is amended by |
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adding Section 21.010 to read as follows: |
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Sec. 21.010. FINANCIAL INTEREST IN PRIVATE CORRECTIONAL AND |
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REHABILITATION FACILITIES PROHIBITED. (a) A justice or judge, as |
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applicable, of the supreme court, the court of criminal appeals, a |
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court of appeals, a district court, a county court, a county court |
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at law, or a statutory probate court may not, on the date the person |
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takes office as a justice or judge or while serving as a justice or |
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judge, have a substantial interest in a business entity that owns, |
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manages, or operates: |
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(1) a community residential facility described by |
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Section 508.119; |
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(2) a correctional or rehabilitation facility subject |
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to Chapter 244, Local Government Code; or |
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(3) any other facility intended to accomplish a |
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purpose or provide a service described by Section 508.119(a) to a |
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person convicted of a misdemeanor or felony or found to have engaged |
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in delinquent conduct who is housed in the facility: |
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(A) while serving a sentence of confinement |
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following conviction of an offense or an adjudication of delinquent |
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conduct; or |
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(B) as a condition of community supervision, |
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probation, parole, or mandatory supervision. |
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(b) A justice or judge is considered to have a substantial |
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interest in a business entity described by Subsection (a) for |
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purposes of this section if: |
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(1) the justice or judge owns 10 percent or more of the |
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voting stock or shares of the business entity or owns either 10 |
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percent or more or $15,000 or more of the fair market value of the |
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business entity; |
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(2) funds received by the justice or judge from the |
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business entity exceed 10 percent of the justice's or judge's gross |
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income for the previous year; or |
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(3) a person related to the justice or judge in the |
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first degree by consanguinity or affinity, as determined under |
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Chapter 573, has an interest otherwise described by Subdivision (1) |
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or (2). |
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(c) A justice or judge who violates this section shall be |
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removed from office. |
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SECTION 2. The change in law made by this Act applies only |
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to a justice or judge elected or appointed on or after the effective |
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date of this Act. A justice or judge elected or appointed before |
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the effective date of this Act is governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect January 1, 2014. |