Texas 2021 - 87th Regular

Texas House Bill HB4344 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4344
	1	+	By: Jetton (Senate Sponsor - Zaffirini) H.B. No. 4344
	2	+	(In the Senate - Received from the House April 27, 2021;
	3	+	May 4, 2021, read first time and referred to Committee on
	4	+	Jurisprudence; May 24, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 5, Nays 0;
	6	+	May 24, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 4344 By: Hinojosa
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to a complaint filed with the State Commission on Judicial
6	14		Conduct.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Section 33.0211, Government Code, is amended by
9	17		adding Subsection (c) to read as follows:
10	18		(c) For each complaint filed with the commission under this
11	19		chapter, each member of the commission must be:
12	20		(1) notified of the complaint; and
13	21		(2) briefed and provided detailed information about
14	22		the complaint.
15	23		SECTION 2. Subchapter B, Chapter 33, Government Code, is
16	24		amended by adding Sections 33.0212, 33.0213, 33.040, and 33.041 to
17	25		read as follows:
18	26		Sec. 33.0212. REPORT AND RECOMMENDATIONS ON FILED
19	27		COMPLAINTS. (a) Not later than the 120th day after the date a
20	28		complaint is filed with the commission, commission staff shall
21	29		prepare and file with each member of the commission a report
22	30		detailing the investigation of the complaint and recommendations
23	31		for commission action regarding the complaint.
24	32		(b) Not later than the 90th day following the date
25	33		commission staff files with the commission the report required by
26	34		Subsection (a), the commission shall determine any action to be
27	35		taken regarding the complaint, including:
28	36		(1) a public sanction;
29	37		(2) a private sanction;
30	38		(3) a suspension;
31	39		(4) an order of education;
32	40		(5) an acceptance of resignation in lieu of
33	41		discipline;
34	42		(6) a dismissal; or
35	43		(7) an initiation of formal proceedings.
36	44		(c) If, because of extenuating circumstances, commission
37	45		staff is unable to provide an investigation report and
38	46		recommendation to the commission before the 120th day following the
39	47		date the complaint was filed with the commission, the staff shall
40	48		notify the commission and propose the number of days required for
41	49		the commission and commission staff to complete the investigation
42	50		report and recommendations and finalize the complaint. The staff
43	51		may request an extension of not more than 270 days from the date the
44	52		complaint was filed with the commission. The commission shall
45	53		finalize the complaint not later than the 270th day following the
46	54		date the complaint was filed with the commission.
47	55		(d) The executive director may request that the chairperson
48	56		grant an additional 120 days to the time provided under Subsection
49	57		(c) for the commission and commission staff to complete the
50	58		investigation report and recommendations and finalize the
51	59		complaint.
52	60		(e) If the chairperson grants additional time under
53	61		Subsection (d), the commission must timely inform the legislature
54	62		of the extension. The commission may not disclose to the
55	63		legislature any confidential information regarding the complaint.
56	64		Sec. 33.0213. NOTIFICATION OF LAW ENFORCEMENT AGENCY
57	65		INVESTIGATION. On notice by any law enforcement agency
58	66		investigating an action for which a complaint has been filed with
59	67		the commission, the commission may place the commission's complaint
60	68		file on hold and decline any further investigation that would
61	69		jeopardize the law enforcement agency's investigation. The
62	70		commission may continue an investigation that would not jeopardize
63	71		a law enforcement investigation.
64	72		Sec. 33.040. ANNUAL REPORT. Not later than September 1 of
65	73		each year, the commission shall prepare and submit to the
66	74		legislature a report of:
67	75		(1) the total number of complaints the commission
68	76		failed to finalize not later than the 270th day following the date
69	77		the complaint was filed with the commission; and
70	78		(2) the total number of complaints included in
71	79		Subdivision (1) that the commission declined to further
72	80		investigate because of a law enforcement agency investigation.
73	81		Sec. 33.041. LEGISLATIVE REPORT. (a) The commission shall
74	82		prepare a report for the 88th Legislature regarding any statutory
75	83		changes that would improve the commission's effectiveness,
76	84		efficiency, and transparency in filing, investigating, and
77	85		processing any complaint filed with the commission.
78	86		(b) This section expires September 1, 2023.
79	87		SECTION 3. Section 33.0212, Government Code, as added by
80	88		this Act, applies only to a complaint filed with the State
81	89		Commission on Judicial Conduct on or after the effective date of
82	90		this Act.
83	91		SECTION 4. This Act takes effect September 1, 2022.
84		-	______________________________ ______________________________
85		-	President of the Senate Speaker of the House
86		-	I certify that H.B. No. 4344 was passed by the House on April
87		-	27, 2021, by the following vote: Yeas 147, Nays 0, 1 present, not
88		-	voting; and that the House concurred in Senate amendments to H.B.
89		-	No. 4344 on May 28, 2021, by the following vote: Yeas 147, Nays 0,
90		-	1 present, not voting.
91		-	______________________________
92		-	Chief Clerk of the House
93		-	I certify that H.B. No. 4344 was passed by the Senate, with
94		-	amendments, on May 25, 2021, by the following vote: Yeas 31, Nays
95		-	0.
96		-	______________________________
97		-	Secretary of the Senate
98		-	APPROVED: __________________
99		-	Date
100		-	__________________
101		-	Governor
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