Texas 2013 - 83rd Regular

Texas Senate Bill SJR42 Compare Versions

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Old	New	Differences
1	1	By: Huffman, et al. S.J.R. No. 42
2	2	(Dutton)
3	3
4	4
5	5	proposing a constitutional amendment relating to expanding the
6	6	types of sanctions that may be assessed against a judge or justice
7	7	following a formal proceeding instituted by the State Commission on
8	8	Judicial Conduct.
9	9	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subdivision (8), Section 1-a, Article V, Texas
11	11	Constitution, is amended to read as follows:
12	12	(8) After such investigation as it deems necessary,
13	13	the Commission may in its discretion issue a private or public
14	14	admonition, warning, reprimand, or requirement that the person
15	15	obtain additional training or education, or if the Commission
16	16	determines that the situation merits such action, it may institute
17	17	formal proceedings and order a formal hearing to be held before it
18	18	concerning [the public censure, removal, or retirement of] a person
19	19	holding an office or position specified in Subsection (6) of this
20	20	Section, or it may in its discretion request the Supreme Court to
21	21	appoint an active or retired District Judge or Justice of a Court of
22	22	Appeals, or retired Judge or Justice of the Court of Criminal
23	23	Appeals or the Supreme Court, as a Master to hear and take evidence
24	24	in the [any such] matter, and to report thereon to the Commission.
25	25	The Master shall have all the power of a District Judge in the
26	26	enforcement of orders pertaining to witnesses, evidence, and
27	27	procedure. If, after formal hearing, or after considering the
28	28	record and report of a Master, the Commission finds good cause
29	29	therefor, it shall issue an order of public admonition, warning,
30	30	reprimand, censure, or requirement that the person holding an
31	31	office or position specified in Subsection (6) of this Section
32	32	obtain additional training or education, or it shall recommend to a
33	33	review tribunal the removal or retirement, as the case may be, of
34	34	the person [in question holding an office or position specified in
35	35	Subsection (6) of this Section] and shall thereupon file with the
36	36	tribunal the entire record before the Commission.
37	37	SECTION 2. The following temporary provision is added to
38	38	the Texas Constitution:
39	39	TEMPORARY PROVISION. (a) This temporary provision applies
40	40	to the constitutional amendment proposed by the 83rd Legislature,
41	41	Regular Session, 2013, relating to the sanctions that may be
42	42	assessed against a judge or justice following a formal proceeding
43	43	instituted by the State Commission on Judicial Conduct.
44	44	(b) The amendment to Section 1-a(8), Article V, of this
45	45	constitution takes effect January 1, 2014, and applies only to a
46	46	formal proceeding instituted by the State Commission on Judicial
47	47	Conduct on or after that date.
48	48	(c) This temporary provision expires January 1, 2016.
49	49	SECTION 3. This proposed constitutional amendment shall be
50	50	submitted to the voters at an election to be held November 5, 2013.
51	51	The ballot shall be printed to permit voting for or against the
52	52	proposition: "The constitutional amendment relating to expanding
53	53	the types of sanctions that may be assessed against a judge or
54	54	justice following a formal proceeding instituted by the State
55	55	Commission on Judicial Conduct."