88R12729 TSS-F
 
  By: Jetton H.B. No. 3145
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a complaint filed with the State Commission on Judicial
  Conduct.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 33.0212 and 33.0213, Government Code,
  are amended to read as follows:
         Sec. 33.0212.  REPORT AND RECOMMENDATIONS ON FILED
  COMPLAINTS. (a)  As soon as practicable after a complaint is filed
  with the commission, commission staff shall conduct a preliminary
  investigation of the filed complaint and draft recommendations for
  commission action.
         (a-1)  On completion of the preliminary investigation and
  submission of recommendations under Subsection (a), commission
  staff shall provide to the judge who is the subject of the complaint
  written notice of:
               (1)  the complaint, the results of the preliminary
  investigation, and the commission staff's recommendations for
  commission action regarding the complaint; and
               (2)  the judge's right to attend each commission
  meeting at which the complaint is included in the report filed with
  the commission members under Subsection (a-2). 
         (a-2)  Not later than the 10th business day before a
  scheduled commission meeting [120th day after the date a complaint
  is filed with the commission], commission staff shall prepare and
  file with each member of the commission a report detailing:
               (1)  each complaint for which a preliminary
  investigation has been conducted under Subsection (a) but for which
  the investigation report has not been finalized under Subsection
  (b);
               (2)  the results of the preliminary investigation of
  the complaint; and
               (3)  the commission staff's recommendations for
  commission action regarding the complaint.
         (b)  Not later than the 120th [90th] day following the date
  of the first commission meeting at which a complaint is included in
  the report filed with the commission under Subsection (a-2) [staff
  files with the commission the report required by Subsection (a)],
  the commission shall finalize the investigation report and
  determine any action to be taken regarding the complaint,
  including:
               (1)  a public sanction;
               (2)  a private sanction;
               (3)  a suspension;
               (4)  an order of education;
               (5)  an acceptance of resignation in lieu of
  discipline;
               (6)  a dismissal; or
               (7)  an initiation of formal proceedings.
         (b-1)  After the commission meeting at which an
  investigation report is finalized and an action is determined under
  Subsection (b), the commission shall provide to the judge who is the
  subject of a complaint: 
               (1)  written notice of the action to be taken regarding
  the complaint not more than 48 hours after the commission meeting;
  and
               (2)  as the commission determines appropriate, notice
  of the action to be taken published on the commission's Internet
  website not more than 72 hours after the commission meeting.
         (c)  If, because of extenuating circumstances, the
  commission [staff] is unable to finalize an investigation report
  and determine the action to be taken regarding a complaint under
  Subsection (b) [provide an investigation report and recommendation
  to the commission] before the 120th day following the date of the
  first [the complaint was filed with the] commission meeting at
  which a complaint is included in the report filed with the
  commission under Subsection (a-2), the commission may order an
  extension [the staff shall notify the commission and propose the
  number of days required for the commission and commission staff to
  complete the investigation report and recommendations and finalize
  the complaint.  The staff may request an extension] of not more
  than 240 [270] days from the date of the first [the complaint was
  filed with the] commission meeting at which a complaint is included
  in the report filed with the commission under Subsection
  (a-2). [The commission shall finalize the complaint not later than
  the 270th day following the date the complaint was filed with the
  commission.]
         (d)  [The executive director may request that the
  chairperson grant an additional 120 days to the time provided under
  Subsection (c) for the commission and commission staff to complete
  the investigation report and recommendations and finalize the
  complaint.
         [(e)]  If the commission orders an extension of time under
  Subsection (c) [chairperson grants additional time under
  Subsection (d)], the commission must timely inform the legislature
  of the extension.  The commission may not disclose to the
  legislature any confidential information regarding the complaint.
         Sec. 33.0213.  NOTIFICATION OF LAW ENFORCEMENT AGENCY
  INVESTIGATION. On notice by any law enforcement agency
  investigating an action for which a complaint has been filed with
  the commission, the commission shall:
               (1)  conduct the preliminary investigation and
  finalize the investigation report without jeopardizing [may place
  the commission's complaint file on hold and decline any further
  investigation that would jeopardize] the law enforcement agency's
  investigation or revealing confidential information; and 
               (2)  wait to issue the commission's final determination
  or take the determined action until after the law enforcement
  investigation is complete. [The commission may continue an
  investigation that would not jeopardize a law enforcement
  investigation.]
         SECTION 2.  Section 33.041, Government Code, is amended to
  read as follows:
         Sec. 33.041.  LEGISLATIVE REPORT.  (a)  The commission
  shall prepare a report for the 89th [88th] Legislature regarding
  any statutory changes that would further improve the commission's
  effectiveness, efficiency, and transparency in filing,
  investigating, and processing any complaint filed with the
  commission.
         (b)  This section expires September 1, 2025 [2023].
         SECTION 3.  Section 33.0212, Government Code, as amended by
  this Act, applies only to a complaint filed with the State
  Commission on Judicial Conduct on or after the effective date of
  this Act. A complaint filed before the effective date of this Act is
  governed by the law in effect on the date the complaint was filed,
  and the former law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2023.