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A BILL TO BE ENTITLED
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AN ACT
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relating to a complaint filed with the State Commission on Judicial |
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Conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.0211, Government Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) For each complaint filed with the commission under this |
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chapter, each member of the commission must be: |
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(1) notified of the complaint; and |
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(2) briefed and provided detailed information about |
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the complaint. |
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SECTION 2. Subchapter B, Chapter 33, Government Code, is |
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amended by adding Sections 33.0212, 33.0213, 33.040, and 33.041 to |
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read as follows: |
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Sec. 33.0212. REPORT AND RECOMMENDATIONS ON FILED |
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COMPLAINTS. (a) Not later than the 120th day after the date a |
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complaint is filed with the commission, commission staff shall |
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prepare and file with each member of the commission a report |
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detailing the investigation of the complaint and recommendations |
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for commission action regarding the complaint. |
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(b) Not later than the 90th day following the date |
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commission staff files with the commission the report required by |
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Subsection (a), the commission shall determine any action to be |
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taken regarding the complaint, including: |
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(1) a public sanction; |
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(2) a private sanction; |
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(3) a suspension; |
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(4) an order of education; |
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(5) an acceptance of resignation in lieu of |
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discipline; |
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(6) a dismissal; or |
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(7) an initiation of formal proceedings. |
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(c) If, because of extenuating circumstances, commission |
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staff is unable to provide an investigation report and |
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recommendation to the commission before the 120th day following the |
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date the complaint was filed with the commission, the staff shall |
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notify the commission and propose the number of days required for |
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the commission and commission staff to complete the investigation |
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report and recommendations and finalize the complaint. The staff |
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may request an extension of not more than 270 days from the date the |
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complaint was filed with the commission. The commission shall |
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finalize the complaint not later than the 270th day following the |
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date the complaint was filed with the commission. |
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(d) The executive director may request that the chairperson |
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grant an additional 120 days to the time provided under Subsection |
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(c) for the commission and commission staff to complete the |
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investigation report and recommendations and finalize the |
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complaint. |
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(e) If the chairperson grants additional time under |
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Subsection (d), the commission must timely inform the legislature |
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of the extension. The commission may not disclose to the |
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legislature any confidential information regarding the complaint. |
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Sec. 33.0213. NOTIFICATION OF LAW ENFORCEMENT AGENCY |
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INVESTIGATION. On notice by any law enforcement agency |
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investigating an action for which a complaint has been filed with |
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the commission, the commission may place the commission's complaint |
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file on hold and decline any further investigation that would |
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jeopardize the law enforcement agency's investigation. The |
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commission may continue an investigation that would not jeopardize |
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a law enforcement investigation. |
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Sec. 33.040. ANNUAL REPORT. Not later than September 1 of |
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each year, the commission shall prepare and submit to the |
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legislature a report of: |
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(1) the total number of complaints the commission |
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failed to finalize not later than the 270th day following the date |
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the complaint was filed with the commission; and |
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(2) the total number of complaints included in |
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Subdivision (1) that the commission declined to further |
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investigate because of a law enforcement agency investigation. |
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Sec. 33.041. LEGISLATIVE REPORT. (a) The commission shall |
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prepare a report for the 88th Legislature regarding any statutory |
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changes that would improve the commission's effectiveness, |
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efficiency, and transparency in filing, investigating, and |
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processing any complaint filed with the commission. |
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(b) This section expires September 1, 2023. |
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SECTION 3. Section 33.0212, Government Code, as added by |
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this Act, applies only to a complaint filed with the State |
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Commission on Judicial Conduct on or after the effective date of |
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this Act. |
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SECTION 4. This Act takes effect September 1, 2022. |
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