By: Jetton (Senate Sponsor - Zaffirini) H.B. No. 4344
(In the Senate - Received from the House April 27, 2021;
May 4, 2021, read first time and referred to Committee on
Jurisprudence; May 24, 2021, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
May 24, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 4344 By: Hinojosa
A BILL TO BE ENTITLED
AN ACT
relating to a complaint filed with the State Commission on Judicial
Conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.0211, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) For each complaint filed with the commission under this
chapter, each member of the commission must be:
(1) notified of the complaint; and
(2) briefed and provided detailed information about
the complaint.
SECTION 2. Subchapter B, Chapter 33, Government Code, is
amended by adding Sections 33.0212, 33.0213, 33.040, and 33.041 to
read as follows:
Sec. 33.0212. REPORT AND RECOMMENDATIONS ON FILED
COMPLAINTS. (a) Not later than the 120th day after the date a
complaint is filed with the commission, commission staff shall
prepare and file with each member of the commission a report
detailing the investigation of the complaint and recommendations
for commission action regarding the complaint.
(b) Not later than the 90th day following the date
commission staff files with the commission the report required by
Subsection (a), the commission shall determine any action to be
taken regarding the complaint, including:
(1) a public sanction;
(2) a private sanction;
(3) a suspension;
(4) an order of education;
(5) an acceptance of resignation in lieu of
discipline;
(6) a dismissal; or
(7) an initiation of formal proceedings.
(c) If, because of extenuating circumstances, commission
staff is unable to provide an investigation report and
recommendation to the commission before the 120th day following the
date the complaint was filed with the commission, the staff shall
notify the commission and propose the number of days required for
the commission and commission staff to complete the investigation
report and recommendations and finalize the complaint. The staff
may request an extension of not more than 270 days from the date the
complaint was filed with the commission. The commission shall
finalize the complaint not later than the 270th day following the
date the complaint was filed with the commission.
(d) The executive director may request that the chairperson
grant an additional 120 days to the time provided under Subsection
(c) for the commission and commission staff to complete the
investigation report and recommendations and finalize the
complaint.
(e) If the chairperson grants additional time under
Subsection (d), the commission must timely inform the legislature
of the extension. The commission may not disclose to the
legislature any confidential information regarding the complaint.
Sec. 33.0213. NOTIFICATION OF LAW ENFORCEMENT AGENCY
INVESTIGATION. On notice by any law enforcement agency
investigating an action for which a complaint has been filed with
the commission, the commission may place the commission's complaint
file on hold and decline any further investigation that would
jeopardize the law enforcement agency's investigation. The
commission may continue an investigation that would not jeopardize
a law enforcement investigation.
Sec. 33.040. ANNUAL REPORT. Not later than September 1 of
each year, the commission shall prepare and submit to the
legislature a report of:
(1) the total number of complaints the commission
failed to finalize not later than the 270th day following the date
the complaint was filed with the commission; and
(2) the total number of complaints included in
Subdivision (1) that the commission declined to further
investigate because of a law enforcement agency investigation.
Sec. 33.041. LEGISLATIVE REPORT. (a) The commission shall
prepare a report for the 88th Legislature regarding any statutory
changes that would improve the commission's effectiveness,
efficiency, and transparency in filing, investigating, and
processing any complaint filed with the commission.
(b) This section expires September 1, 2023.
SECTION 3. Section 33.0212, Government Code, as added by
this Act, applies only to a complaint filed with the State
Commission on Judicial Conduct on or after the effective date of
this Act.
SECTION 4. This Act takes effect September 1, 2022.
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