Texas 2013 - 83rd Regular

Texas Senate Bill SB209 Compare Versions

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1	1	By: Huffman, Nichols S.B. No. 209
2	2	(In the Senate - Filed March 4, 2013; March 12, 2013, read
3	3	first time and referred to Committee on Jurisprudence;
4	4	April 17, 2013, reported favorably by the following vote: Yeas 6,
5	5	Nays 0; April 17, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the functions and operation of the State Commission on
11	11	Judicial Conduct.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subdivision (7), Subsection (a), Section 33.001,
14	14	Government Code, is amended to read as follows:
15	15	(7) "Formal proceedings" means the proceedings
16	16	ordered by the commission concerning the public sanction, public
17	17	censure, removal, or retirement of a judge.
18	18	SECTION 2. Section 33.002, Government Code, is amended by
19	19	adding Subsection (a-1) to read as follows:
20	20	(a-1) The commission is an agency of the judicial branch of
21	21	state government and administers judicial discipline. The
22	22	commission does not have the power or authority of a court in this
23	23	state.
24	24	SECTION 3. Section 33.003, Government Code, is amended to
25	25	read as follows:
26	26	Sec. 33.003. SUNSET PROVISION. The State Commission on
27	27	Judicial Conduct is subject to review under Chapter 325 (Texas
28	28	Sunset Act), but is not abolished under that chapter. The
29	29	commission shall be reviewed during the period in which state
30	30	agencies abolished in 2019 [2001] and every 12th year after 2019
31	31	[2001] are reviewed.
32	32	SECTION 4. Subsection (a), Section 33.005, Government Code,
33	33	is amended to read as follows:
34	34	(a) Not later than December 1 of each year, the commission
35	35	shall submit to the legislature a report for the preceding fiscal
36	36	year ending August 31. The report is required to be made in an
37	37	electronic format only.
38	38	SECTION 5. Subchapter A, Chapter 33, Government Code, is
39	39	amended by adding Section 33.0055 to read as follows:
40	40	Sec. 33.0055. ANNUAL PUBLIC MEETING. (a) The commission
41	41	shall annually hold a public hearing to seek public comment
42	42	regarding the commission's mission and operations.
43	43	(b) The commission shall provide notice of a public hearing
44	44	under this section to the secretary of state. The secretary of
45	45	state shall post the notice on the Internet for at least seven days
46	46	before the day of the hearing and provide members of the public
47	47	access to view the notice in the manner specified by Section 551.044
48	48	for notice of an open meeting.
49	49	SECTION 6. Subchapter B, Chapter 33, Government Code, is
50	50	amended by adding Section 33.0322 to read as follows:
51	51	Sec. 33.0322. CONFIDENTIAL INFORMATION PROVIDED TO SUNSET
52	52	ADVISORY COMMISSION. (a) Notwithstanding Section 33.032 or other
53	53	law, including Section 1-a(10), Article V, Texas Constitution, the
54	54	commission shall provide to the Sunset Advisory Commission staff
55	55	conducting a review under Chapter 325 (Texas Sunset Act) access to
56	56	the commission's confidential documents, records, meetings, and
57	57	proceedings, including proceedings in which testimony is given, as
58	58	the Sunset Advisory Commission staff determines necessary to
59	59	conduct a complete and thorough evaluation of the commission's
60	60	activities.
61	61	(b) The confidentiality provisions of this chapter and
62	62	other law do not authorize the commission to withhold from the
63	63	Sunset Advisory Commission staff access to any confidential
64	64	document, record, meeting, or proceeding to which the Sunset
65	65	Advisory Commission staff determines access is necessary for a
66	66	review under Chapter 325 (Texas Sunset Act).
67	67	(c) The Sunset Advisory Commission staff shall maintain the
68	68	confidentiality the commission is required to maintain under this
69	69	chapter and other law for each document, record, meeting, or
70	70	proceeding that the staff accesses or receives as part of a review
71	71	under Chapter 325 (Texas Sunset Act).
72	72	(d) The commission does not violate the attorney-client
73	73	privilege, or any other privilege or confidentiality requirement
74	74	protected or required by the Texas Constitution, common law,
75	75	statutory law, or rules of evidence, procedure, or professional
76	76	conduct, by providing to the Sunset Advisory Commission staff for
77	77	purposes of a review under Chapter 325 (Texas Sunset Act) a
78	78	confidential communication, including a document or record or any
79	79	testimony or other information presented in a closed meeting or
80	80	proceeding of the commission, that is made between the commission
81	81	and its attorneys or other employees assisting the commission in
82	82	its decision-making process.
83	83	SECTION 7. Subsection (e), Section 33.033, Government Code,
84	84	is amended to read as follows:
85	85	(e) If the complaint is dismissed by the commission, the
86	86	commission shall include in the notification under Subsection (a):
87	87	(1) an explanation of each reason for the dismissal,
88	88	including, as applicable, in plain, easily understandable
89	89	language, each reason the conduct alleged in the complaint did not
90	90	constitute judicial misconduct; and
91	91	(2) information relating to requesting
92	92	reconsideration of the dismissed complaint as provided by Sections
93	93	33.035(a) and (f).
94	94	SECTION 8. Subsections (a), (e), (f), and (g), Section
95	95	33.034, Government Code, are amended to read as follows:
96	96	(a) A judge who receives from the commission [any type of
97	97	sanction, or] a sanction or censure issued by the commission under
98	98	Section 1-a(8), Article V, Texas Constitution, or any other type of
99	99	sanction is entitled to a review of the commission's decision as
100	100	provided by this section. This section does not apply to a decision
101	101	by the commission to institute formal proceedings.
102	102	(e) The review by the court under this section:
103	103	(1) of a sanction or censure issued in a formal
104	104	proceeding is a review of the record of the proceedings that
105	105	resulted in the sanction or censure and is based on the law and
106	106	facts that were presented in the proceedings and any additional
107	107	evidence that the court in its discretion may, for good cause shown,
108	108	permit; and
109	109	(2) of a sanction issued in an informal proceeding is
110	110	by trial de novo as that term is used in the appeal of cases from
111	111	justice to county court.
112	112	(f) Except as otherwise provided by this section, the
113	113	procedure for the review of a sanction issued in an informal
114	114	proceeding is governed to the extent practicable by the rules of
115	115	law, evidence, and procedure that apply to the trial of civil
116	116	actions generally.
117	117	(g) A judge is not entitled to a trial by jury in a review
118	118	under this section of a sanction issued in an informal proceeding
119	119	[under this section].
120	120	SECTION 9. Subchapter B, Chapter 33, Government Code, is
121	121	amended by adding Section 33.039 to read as follows:
122	122	Sec. 33.039. REVIEW OF COMMISSION OPERATIONS AND PROCEDURAL
123	123	RULES. The commission periodically as the commission determines
124	124	appropriate shall:
125	125	(1) assess the operations of the commission and
126	126	implement any improvements needed to increase efficiency; and
127	127	(2) review the commission's procedural rules adopted
128	128	by the supreme court to determine whether rule amendments are
129	129	necessary to reflect changes in law, including changes made through
130	130	court opinions and statutory and constitutional amendments, and
131	131	report to the supreme court the needed rule revisions and suggested
132	132	language for those revisions.
133	133	SECTION 10. As soon as possible after the effective date of
134	134	this Act, but not later than December 31, 2013, the State Commission
135	135	on Judicial Conduct shall:
136	136	(1) conduct an initial assessment of the operations of
137	137	the commission and an initial review of the procedural rules as
138	138	required by Section 33.039, Government Code, as added by this Act;
139	139	and
140	140	(2) report to the Texas Supreme Court any needed rule
141	141	revisions and suggested language for those revisions as required by
142	142	that section.
143	143	SECTION 11. (a) Except as provided by Subsection (b) of
144	144	this section, this Act takes effect September 1, 2013.
145	145	(b) Subdivision (7), Subsection (a), Section 33.001, and
146	146	Section 33.034, Government Code, as amended by this Act, take
147	147	effect on the date the constitutional amendment proposed by the
148	148	83rd Legislature, Regular Session, 2013, regarding the sanctions
149	149	that may be assessed against a judge or justice following a formal
150	150	proceeding instituted by the State Commission on Judicial Conduct
151	151	takes effect. If that amendment is not approved by the voters,
152	152	those sections have no effect.
153	153	* * * * *