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A BILL TO BE ENTITLED
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AN ACT
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relating to the disciplinary and investigatory powers of the State |
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Commission on Judicial Conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.001(a)(10), Government Code, is |
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amended to read as follows: |
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(10) "Sanction" means an order issued by the |
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commission under Section 1-a(8), Article V, Texas Constitution, |
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providing for a [private or] public admonition, warning, or |
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reprimand or requiring that a person obtain additional training or |
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education. |
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SECTION 2. Subchapter B, Chapter 33, Government Code, is |
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amended by adding Section 33.02115 to read as follows: |
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Sec. 33.02115. STATUTE OF LIMITATIONS. (a) Except as |
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provided by Subsection (b), the commission may not investigate and |
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shall dismiss a complaint filed on or after the 10th anniversary of |
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the date: |
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(1) the alleged misconduct occurred; or |
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(2) the complainant knew, or with the exercise of |
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reasonable diligence should have known, of the alleged misconduct. |
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(b) The commission may investigate and not dismiss a |
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complaint described by Subsection (a) if the commission determines: |
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(1) the alleged misconduct is part of a continuing |
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course of misconduct or the continuing conduct terminated and the |
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complaint was filed before the 10th anniversary of the last date the |
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continuing conduct occurred; |
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(2) the alleged misconduct is part of a pattern of |
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recurring misconduct for which a complaint is filed before the 10th |
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anniversary of the date at least one act of the misconduct occurred; |
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or |
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(3) good cause otherwise exists for investigating the |
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complaint. |
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SECTION 3. Section 33.0212(b), Government Code, is amended |
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to read as follows: |
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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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(3) [(4)] an order of education; |
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(4) [(5)] an acceptance of resignation in lieu of |
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discipline; |
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(5) [(6)] a dismissal; or |
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(6) [(7)] an initiation of formal proceedings. |
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SECTION 4. Section 33.023, Government Code, is amended to |
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read as follows: |
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Sec. 33.023. SUBSTANCE ABUSE; PHYSICAL OR MENTAL INCAPACITY |
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OF JUDGE; SUSPENSION. (a) For each filed complaint alleging |
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substance abuse by, or the physical or mental incapacity of, a judge |
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and questioning the judge's ability to perform the judge's official |
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duties, the commission shall conduct a preliminary investigation of |
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the complaint and present the results of the preliminary |
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investigation to each member of the commission not later than the |
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30th day after the date the complaint is filed. |
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(b) If, after reviewing the results of the preliminary |
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investigation, the commission determines the judge's alleged |
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substance abuse or physical or mental incapacity brings into |
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question the judge's ability to perform the judge's official |
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duties, the commission shall provide the judge written notice of |
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the complaint and subpoena the judge to appear before the |
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commission at the commission's next regularly scheduled meeting. |
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(c) If, following the judge's appearance before the |
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commission at the next regularly scheduled meeting, the commission |
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decides to require the judge to submit to a physical or mental |
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examination, the commission shall: |
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(1) suspend the judge from office with pay for a period |
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not to exceed 90 days; |
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(2) provide the judge written notice of the |
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suspension; |
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(3) [In any investigation or proceeding that involves |
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the physical or mental incapacity of a judge, the commission may] |
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order the judge to submit to a physical or mental examination by one |
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or more qualified physicians or a mental examination by one or more |
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qualified psychologists selected and paid for by the commission; |
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and |
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(4) provide [. |
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[(b) The commission shall give] the judge written notice of |
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the examination not later than 10 days before the date of the |
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examination. |
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(d) The notice provided under Subsection (c)(4) must |
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include the physician's name and the date, time, and place of the |
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examination. |
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(e) [(c)] Each examining physician shall file a written |
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report of the examination with the commission and the report shall |
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be received as evidence without further formality. On request of |
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the judge or the judge's attorney, the commission shall give the |
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judge a copy of the report. The physician's oral or deposition |
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testimony concerning the report may be required by the commission |
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or by written demand of the judge. |
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(f) If, after receiving the written report of an examining |
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physician or the physician's deposition testimony concerning the |
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report, the commission determines the judge is unable to perform |
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the judge's official duties because of substance abuse or physical |
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or mental incapacity, the commission shall: |
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(1) recommend to the supreme court suspension of the |
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judge from office; or |
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(2) enter into an indefinite voluntary agreement with |
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the judge for suspension of the judge with pay until the commission |
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determines the judge is physically and mentally competent to resume |
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the judge's official duties. |
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(g) [(d)] If a judge refuses to submit to a physical or |
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mental examination ordered by the commission under this section, |
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the commission may petition a district court for an order |
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compelling the judge to submit to the physical or mental |
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examination and recommend to the supreme court suspension of the |
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judge from office. |
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SECTION 5. Section 33.032(d), Government Code, is amended |
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to read as follows: |
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(d) The disciplinary record of a judge [, including any |
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private sanctions,] is admissible in a subsequent proceeding before |
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the commission, a special master, a special court of review, or a |
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review tribunal. |
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SECTION 6. Section 33.033(b), Government Code, is amended |
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to read as follows: |
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(b) The communication shall inform the complainant that: |
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(1) the case has been dismissed; |
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(2) an [a private sanction or] order of additional |
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education has been issued by the commission; |
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(3) a public sanction has been issued by the |
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commission; |
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(4) formal proceedings have been instituted; or |
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(5) a judge has resigned from judicial office in lieu |
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of disciplinary action by the commission. |
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SECTION 7. (a) Sections 33.001(a)(10), 33.0212(b), |
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33.032(d), and 33.033(b), Government Code, as amended by this Act, |
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apply only to a sanction issued by the State Commission on Judicial |
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Conduct on or after January 1, 2026. |
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(b) Section 33.02115, Government Code, as added by this Act, |
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and Section 33.023, Government Code, as amended by this Act, apply |
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only to a complaint filed with the State Commission on Judicial |
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Conduct on or after September 1, 2025. |
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SECTION 8. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2025. |
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(b) Sections 33.001(a)(10), 33.0212(b), 33.032(d), and |
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33.033(b), Government Code, as amended by this Act, take effect |
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January 1, 2026, but only if the constitutional amendment proposed |
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by the 89th Legislature, Regular Session, 2025, regarding the |
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disciplinary powers of the State Commission on Judicial Conduct is |
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approved by the voters. If that amendment is not approved by the |
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voters, those sections have no effect. |