85R12312 SRS-F
By: Cain H.B. No. 3135
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the State Commission on Judicial
Conduct to discipline judges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.001, Government Code, is amended by
amending Subsection (b) and adding Subsection (e) to read as
follows:
(b) For purposes of Section 1-a, Article V, Texas
Constitution, "wilful or persistent conduct that is clearly
inconsistent with the proper performance of a judge's duties"
includes:
(1) wilful, persistent, and unjustifiable failure to
timely execute the business of the court, considering the quantity
and complexity of the business;
(2) wilful violation of a provision of the Texas penal
statutes or the Code of Judicial Conduct;
(3) except as provided by Subsection (e), persistent
or wilful violation of the rules promulgated by the supreme court,
including a canon of the Code of Judicial Conduct;
(4) incompetence in the performance of the duties of
the office;
(5) except as provided by Subsection (e), failure to
cooperate with the commission; or
(6) violation of any provision of a voluntary
agreement to resign from judicial office in lieu of disciplinary
action by the commission.
(e) For purposes of this chapter and Section 1-a(6), Article
V, Texas Constitution, a judge is not subject to any disciplinary
action, investigation, censure, or sanction for criticizing or
refusing to follow an action or ruling of a federal court. A
judge's criticism of or refusal to follow an action or ruling of a
federal court is considered the judge's right to freedom of speech,
protected under Section 8, Article I, Texas Constitution.
SECTION 2. The changes in law made by this Act apply only to
an allegation of judicial misconduct received by the State
Commission on Judicial Conduct on or after the effective date of
this Act, regardless of whether the conduct or act that is the
subject of the allegation occurred or was committed before, on, or
after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2017.