RESOLUTION ANALYSIS

H.J.R. 165

By: Jetton

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties contend there is an inherent unfairness in judicial elections in which a candidate runs for judicial office against an incumbent, because judges are subject to the Code of Judicial Conduct but candidates are not. H.J.R. 165 seeks to ensure that judicial elections are fair by granting the State Commission on Judicial Conduct the authority to enforce the same standards for judicial candidates that they do for sitting judges.        

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this resolution does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this resolution does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.J.R. 165 proposes an amendment to the Texas Constitution to authorize the State Commission on Judicial Conduct (SCJC) to accept complaints or reports, conduct investigations, and take any other applicable action with respect to candidates for a state judicial office in the same manner SCJC is authorized to take those actions with respect to a person holding state judicial office.

ELECTION DATE

The constitutional amendment proposed by this joint resolution will be submitted to the voters at an election to be held November 2, 2021.