BILL ANALYSIS

H.B. 367

By: Jetton

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

There is an inherent unfairness in judicial elections in which a candidate runs for judicial office against an incumbent, considering that judges are subject to the Texas Code of Judicial Conduct while candidates are not. H.B. 367 seeks to ensure that judicial elections are fair by granting the State Commission on Judicial Conduct the authority to enforce the same actions on judicial candidates as on sitting judges.

CRIMINAL JUSTICE IMPACT

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

ANALYSIS

H.B. 367 amends the Government Code to authorize the State Commission on Judicial Conduct (SCJC) to accept complaints, conduct investigations, and take any other action authorized by provisions governing the SCJC, with respect to a candidate for judicial office who is subject to the Judicial Campaign Fairness Act, in the same manner the SCJC is authorized to take those actions with respect to a judge.

EFFECTIVE DATE

September 1, 2023.