BILL ANALYSIS

 

 

Senate Research Center

H.B. 4344

 

By: Jetton (Zaffirini)

 

Jurisprudence

 

5/10/2021

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law provides no deadline for the State Commission on Judicial Conduct (SCJC) to resolve complaints it receives. As such, complaints filed with SCJC can remain open for years without resolution for the parties involved. H.B. 4344 would provide for the timely resolution of complaints by imposing a deadline by which SCJC must dismiss certain complaints while providing for an extension if lack of action on the complaint is due to extenuating circumstances.

 

H.B. 4344 amends current law relating to the dismissal of a complaint filed with the State Commission on Judicial Conduct.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter B, Chapter 33, Government Code, by adding Section 33.0331, as follows:

Sec. 33.0331.  DISMISSAL OF COMPLAINT.� (a)� Requires the State Commission on Judicial Conduct (SCJC), subject to Subsection (b), to dismiss each complaint filed with SCJC that SCJC has not formally dismissed or for which SCJC has not imposed sanctions or instituted proceedings on or before the first Monday following the 365th day after the date SCJC receives the complaint.

(b)  Authorizes the chairperson of SCJC to determine on the executive director's recommendation that extenuating circumstances require additional time not to exceed 120 days for disposal of a complaint that is subject to dismissal under Subsection (a).

SECTION 2.  Provides that Section 33.0331, Government Code, as added by this Act, applies only to a complaint filed with SCJC on or after the effective date of this Act.

SECTION 3.  Effective date: September 1, 2021.