83R2344 YDB-D
 
  By: Huffman, Nichols S.J.R. No. 42
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment relating to the sanctions that
  may be assessed against a judge or justice following a formal
  proceeding instituted by the State Commission on Judicial Conduct.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1-a(8), Article V, Texas Constitution,
  is amended to read as follows:
               (8)  After such investigation as it deems necessary,
  the Commission may in its discretion issue a private or public
  admonition, warning, reprimand, or requirement that the person
  obtain additional training or education, or if the Commission
  determines that the situation merits such action, it may institute
  formal proceedings and order a formal hearing to be held before it
  concerning [the public censure, removal, or retirement of] a person
  holding an office or position specified in Subsection (6) of this
  Section, or it may in its discretion request the Supreme Court to
  appoint an active or retired District Judge or Justice of a Court of
  Appeals, or retired Judge or Justice of the Court of Criminal
  Appeals or the Supreme Court, as a Master to hear and take evidence
  in the [any such] matter, and to report thereon to the Commission.
  The Master shall have all the power of a District Judge in the
  enforcement of orders pertaining to witnesses, evidence, and
  procedure. If, after formal hearing, or after considering the
  record and report of a Master, the Commission finds good cause
  therefor, it shall issue an order of public admonition, warning,
  reprimand, censure, or requirement that the person holding an
  office or position specified in Subsection (6) of this Section
  obtain additional training or education, or it shall recommend to a
  review tribunal the removal or retirement, as the case may be, of
  the person [in question holding an office or position specified in
  Subsection (6) of this Section] and shall thereupon file with the
  tribunal the entire record before the Commission.
         SECTION 2.  The following temporary provision is added to
  the Texas Constitution:
         TEMPORARY PROVISION. (a) This temporary provision applies to
  the constitutional amendment proposed by the 83rd Legislature,
  Regular Session, 2013, relating to the sanctions that may be
  assessed against a judge or justice following a formal proceeding
  instituted by the State Commission on Judicial Conduct.
         (b)  The amendment to Section 1-a(8), Article V, of this
  constitution takes effect January 1, 2014, and applies only to a
  formal proceeding instituted by the State Commission on Judicial
  Conduct on or after that date.
         (c)  This temporary provision expires January 1, 2016.
         SECTION 3.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 5, 2013.
  The ballot shall be printed to permit voting for or against the
  proposition: "The constitutional amendment relating to the
  sanctions that may be assessed against a judge or justice following
  a formal proceeding instituted by the State Commission on Judicial
  Conduct."