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