By: Huffman, Nichols  S.B. No. 209
         (In the Senate - Filed March 4, 2013; March 12, 2013, read
  first time and referred to Committee on Jurisprudence;
  April 17, 2013, reported favorably by the following vote:  Yeas 6,
  Nays 0; April 17, 2013, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the functions and operation of the State Commission on
  Judicial Conduct.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subdivision (7), Subsection (a), Section 33.001,
  Government Code, is amended to read as follows:
               (7)  "Formal proceedings" means the proceedings
  ordered by the commission concerning the public sanction, public
  censure, removal, or retirement of a judge.
         SECTION 2.  Section 33.002, Government Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  The commission is an agency of the judicial branch of
  state government and administers judicial discipline.  The
  commission does not have the power or authority of a court in this
  state.
         SECTION 3.  Section 33.003, Government Code, is amended to
  read as follows:
         Sec. 33.003.  SUNSET PROVISION. The State Commission on
  Judicial Conduct is subject to review under Chapter 325 (Texas
  Sunset Act), but is not abolished under that chapter. The
  commission shall be reviewed during the period in which state
  agencies abolished in 2019 [2001] and every 12th year after 2019
  [2001] are reviewed.
         SECTION 4.  Subsection (a), Section 33.005, Government Code,
  is amended to read as follows:
         (a)  Not later than December 1 of each year, the commission
  shall submit to the legislature a report for the preceding fiscal
  year ending August 31.  The report is required to be made in an
  electronic format only.
         SECTION 5.  Subchapter A, Chapter 33, Government Code, is
  amended by adding Section 33.0055 to read as follows:
         Sec. 33.0055.  ANNUAL PUBLIC MEETING. (a)  The commission
  shall annually hold a public hearing to seek public comment
  regarding the commission's mission and operations.
         (b)  The commission shall provide notice of a public hearing
  under this section to the secretary of state. The secretary of
  state shall post the notice on the Internet for at least seven days
  before the day of the hearing and provide members of the public
  access to view the notice in the manner specified by Section 551.044
  for notice of an open meeting.
         SECTION 6.  Subchapter B, Chapter 33, Government Code, is
  amended by adding Section 33.0322 to read as follows:
         Sec. 33.0322.  CONFIDENTIAL INFORMATION PROVIDED TO SUNSET
  ADVISORY COMMISSION. (a)  Notwithstanding Section 33.032 or other
  law, including Section 1-a(10), Article V, Texas Constitution, the
  commission shall provide to the Sunset Advisory Commission staff
  conducting a review under Chapter 325 (Texas Sunset Act) access to
  the commission's confidential documents, records, meetings, and
  proceedings, including proceedings in which testimony is given, as
  the Sunset Advisory Commission staff determines necessary to
  conduct a complete and thorough evaluation of the commission's
  activities.
         (b)  The confidentiality provisions of this chapter and
  other law do not authorize the commission to withhold from the
  Sunset Advisory Commission staff access to any confidential
  document, record, meeting, or proceeding to which the Sunset
  Advisory Commission staff determines access is necessary for a
  review under Chapter 325 (Texas Sunset Act).
         (c)  The Sunset Advisory Commission staff shall maintain the
  confidentiality the commission is required to maintain under this
  chapter and other law for each document, record, meeting, or
  proceeding that the staff accesses or receives as part of a review
  under Chapter 325 (Texas Sunset Act).
         (d)  The commission does not violate the attorney-client
  privilege, or any other privilege or confidentiality requirement
  protected or required by the Texas Constitution, common law,
  statutory law, or rules of evidence, procedure, or professional
  conduct, by providing to the Sunset Advisory Commission staff for
  purposes of a review under Chapter 325 (Texas Sunset Act) a
  confidential communication, including a document or record or any
  testimony or other information presented in a closed meeting or
  proceeding of the commission, that is made between the commission
  and its attorneys or other employees assisting the commission in
  its decision-making process.
         SECTION 7.  Subsection (e), Section 33.033, Government Code,
  is amended to read as follows:
         (e)  If the complaint is dismissed by the commission, the
  commission shall include in the notification under Subsection (a):
               (1)  an explanation of each reason for the dismissal,
  including, as applicable, in plain, easily understandable
  language, each reason the conduct alleged in the complaint did not
  constitute judicial misconduct; and
               (2)  information relating to requesting
  reconsideration of the dismissed complaint as provided by Sections
  33.035(a) and (f).
         SECTION 8.  Subsections (a), (e), (f), and (g), Section
  33.034, Government Code, are amended to read as follows:
         (a)  A judge who receives from the commission [any type of
  sanction, or] a sanction or censure issued by the commission under
  Section 1-a(8), Article V, Texas Constitution, or any other type of
  sanction is entitled to a review of the commission's decision as
  provided by this section.  This section does not apply to a decision
  by the commission to institute formal proceedings.
         (e)  The review by the court under this section:
               (1)  of a sanction or censure issued in a formal
  proceeding is a review of the record of the proceedings that
  resulted in the sanction or censure and is based on the law and
  facts that were presented in the proceedings and any additional
  evidence that the court in its discretion may, for good cause shown,
  permit; and
               (2)  of a sanction issued in an informal proceeding is
  by trial de novo as that term is used in the appeal of cases from
  justice to county court.
         (f)  Except as otherwise provided by this section, the
  procedure for the review of a sanction issued in an informal
  proceeding is governed to the extent practicable by the rules of
  law, evidence, and procedure that apply to the trial of civil
  actions generally.
         (g)  A judge is not entitled to a trial by jury in a review
  under this section of a sanction issued in an informal proceeding 
  [under this section].
         SECTION 9.  Subchapter B, Chapter 33, Government Code, is
  amended by adding Section 33.039 to read as follows:
         Sec. 33.039.  REVIEW OF COMMISSION OPERATIONS AND PROCEDURAL
  RULES. The commission periodically as the commission determines
  appropriate shall:
               (1)  assess the operations of the commission and
  implement any improvements needed to increase efficiency; and
               (2)  review the commission's procedural rules adopted
  by the supreme court to determine whether rule amendments are
  necessary to reflect changes in law, including changes made through
  court opinions and statutory and constitutional amendments, and
  report to the supreme court the needed rule revisions and suggested
  language for those revisions.
         SECTION 10.  As soon as possible after the effective date of
  this Act, but not later than December 31, 2013, the State Commission
  on Judicial Conduct shall:
               (1)  conduct an initial assessment of the operations of
  the commission and an initial review of the procedural rules as
  required by Section 33.039, Government Code, as added by this Act;
  and
               (2)  report to the Texas Supreme Court any needed rule
  revisions and suggested language for those revisions as required by
  that section.
         SECTION 11.  (a)  Except as provided by Subsection (b) of
  this section, this Act takes effect September 1, 2013.
         (b)  Subdivision (7), Subsection (a), Section 33.001, and
  Section 33.034, Government Code, as amended by this Act, take
  effect on the date the constitutional amendment proposed by the
  83rd Legislature, Regular Session, 2013, regarding the sanctions
  that may be assessed against a judge or justice following a formal
  proceeding instituted by the State Commission on Judicial Conduct
  takes effect. If that amendment is not approved by the voters,
  those sections have no effect.
 
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