88R12729 TSS-F
By: Jetton H.B. No. 3145
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. Sections 33.0212 and 33.0213, Government Code,
are amended to read as follows:
Sec. 33.0212. REPORT AND RECOMMENDATIONS ON FILED
COMPLAINTS. (a) As soon as practicable after a complaint is filed
with the commission, commission staff shall conduct a preliminary
investigation of the filed complaint and draft recommendations for
commission action.
(a-1) On completion of the preliminary investigation and
submission of recommendations under Subsection (a), commission
staff shall provide to the judge who is the subject of the complaint
written notice of:
(1) the complaint, the results of the preliminary
investigation, and the commission staff's recommendations for
commission action regarding the complaint; and
(2) the judge's right to attend each commission
meeting at which the complaint is included in the report filed with
the commission members under Subsection (a-2).
(a-2) Not later than the 10th business day before a
scheduled commission meeting [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:
(1) each complaint for which a preliminary
investigation has been conducted under Subsection (a) but for which
the investigation report has not been finalized under Subsection
(b);
(2) the results of the preliminary investigation of
the complaint; and
(3) the commission staff's recommendations for
commission action regarding the complaint.
(b) Not later than the 120th [90th] day following the date
of the first commission meeting at which a complaint is included in
the report filed with the commission under Subsection (a-2) [staff
files with the commission the report required by Subsection (a)],
the commission shall finalize the investigation report and
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.
(b-1) After the commission meeting at which an
investigation report is finalized and an action is determined under
Subsection (b), the commission shall provide to the judge who is the
subject of a complaint:
(1) written notice of the action to be taken regarding
the complaint not more than 48 hours after the commission meeting;
and
(2) as the commission determines appropriate, notice
of the action to be taken published on the commission's Internet
website not more than 72 hours after the commission meeting.
(c) If, because of extenuating circumstances, the
commission [staff] is unable to finalize an investigation report
and determine the action to be taken regarding a complaint under
Subsection (b) [provide an investigation report and recommendation
to the commission] before the 120th day following the date of the
first [the complaint was filed with the] commission meeting at
which a complaint is included in the report filed with the
commission under Subsection (a-2), the commission may order an
extension [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 240 [270] days from the date of the first [the complaint was
filed with the] commission meeting at which a complaint is included
in the report filed with the commission under Subsection
(a-2). [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 commission orders an extension of time under
Subsection (c) [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 shall:
(1) conduct the preliminary investigation and
finalize the investigation report without jeopardizing [may place
the commission's complaint file on hold and decline any further
investigation that would jeopardize] the law enforcement agency's
investigation or revealing confidential information; and
(2) wait to issue the commission's final determination
or take the determined action until after the law enforcement
investigation is complete. [The commission may continue an
investigation that would not jeopardize a law enforcement
investigation.]
SECTION 2. Section 33.041, Government Code, is amended to
read as follows:
Sec. 33.041. LEGISLATIVE REPORT. (a) The commission
shall prepare a report for the 89th [88th] Legislature regarding
any statutory changes that would further 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, 2025 [2023].
SECTION 3. Section 33.0212, Government Code, as amended 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. A complaint filed before the effective date of this Act is
governed by the law in effect on the date the complaint was filed,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2023.