| 1 | 1 | | By: Guillen (Senate Sponsor - West) H.B. No. 62 |
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| 2 | 2 | | (In the Senate - Received from the House April 29, 2013; |
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| 3 | 3 | | April 30, 2013, read first time and referred to Committee on |
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| 4 | 4 | | Jurisprudence; May 16, 2013, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 6, Nays 0; May 16, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to a justice or judge having an interest in a business |
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| 11 | 11 | | entity that owns, manages, or operates a private correctional or |
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| 12 | 12 | | rehabilitation facility. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Chapter 21, Government Code, is amended by |
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| 15 | 15 | | adding Section 21.010 to read as follows: |
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| 16 | 16 | | Sec. 21.010. FINANCIAL INTEREST IN PRIVATE CORRECTIONAL AND |
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| 17 | 17 | | REHABILITATION FACILITIES PROHIBITED. (a) A justice or judge, as |
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| 18 | 18 | | applicable, of the supreme court, the court of criminal appeals, a |
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| 19 | 19 | | court of appeals, a district court, a county court, a county court |
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| 20 | 20 | | at law, or a statutory probate court may not, on the date the person |
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| 21 | 21 | | takes office as a justice or judge or while serving as a justice or |
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| 22 | 22 | | judge, have a significant interest in a business entity that owns, |
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| 23 | 23 | | manages, or operates: |
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| 24 | 24 | | (1) a community residential facility described by |
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| 25 | 25 | | Section 508.119; |
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| 26 | 26 | | (2) a correctional or rehabilitation facility subject |
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| 27 | 27 | | to Chapter 244, Local Government Code; or |
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| 28 | 28 | | (3) any other facility intended to accomplish a |
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| 29 | 29 | | purpose or provide a service described by Section 508.119(a) to a |
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| 30 | 30 | | person convicted of a misdemeanor or felony or found to have engaged |
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| 31 | 31 | | in delinquent conduct who is housed in the facility: |
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| 32 | 32 | | (A) while serving a sentence of confinement |
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| 33 | 33 | | following conviction of an offense or an adjudication of delinquent |
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| 34 | 34 | | conduct; or |
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| 35 | 35 | | (B) as a condition of community supervision, |
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| 36 | 36 | | probation, parole, or mandatory supervision. |
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| 37 | 37 | | (b) A justice or judge is considered to have a significant |
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| 38 | 38 | | interest in a business entity described by Subsection (a) for |
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| 39 | 39 | | purposes of this section if: |
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| 40 | 40 | | (1) the justice or judge owns any voting stock or share |
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| 41 | 41 | | or has a direct investment in the business entity that represents |
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| 42 | 42 | | the lesser of at least 10 percent or $15,000 of the fair market |
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| 43 | 43 | | value of the business entity; or |
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| 44 | 44 | | (2) the justice or judge receives money from the |
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| 45 | 45 | | business entity. |
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| 46 | 46 | | (c) A violation of this section by a justice or judge is |
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| 47 | 47 | | considered a violation of Canon 4D(1), Code of Judicial Conduct. A |
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| 48 | 48 | | justice or judge who has an interest in a business entity that is |
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| 49 | 49 | | prohibited by this section must report the interest to the State |
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| 50 | 50 | | Commission on Judicial Conduct. |
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| 51 | 51 | | SECTION 2. This Act takes effect January 1, 2015. |
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| 52 | 52 | | * * * * * |
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