Texas 2023 - 88th Regular

Texas House Bill HB3145 Compare Versions

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1	1	88R12729 TSS-F
2	2	By: Jetton H.B. No. 3145
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a complaint filed with the State Commission on Judicial
8	8	Conduct.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 33.0212 and 33.0213, Government Code,
11	11	are amended to read as follows:
12	12	Sec. 33.0212. REPORT AND RECOMMENDATIONS ON FILED
13	13	COMPLAINTS. (a) As soon as practicable after a complaint is filed
14	14	with the commission, commission staff shall conduct a preliminary
15	15	investigation of the filed complaint and draft recommendations for
16	16	commission action.
17	17	(a-1) On completion of the preliminary investigation and
18	18	submission of recommendations under Subsection (a), commission
19	19	staff shall provide to the judge who is the subject of the complaint
20	20	written notice of:
21	21	(1) the complaint, the results of the preliminary
22	22	investigation, and the commission staff's recommendations for
23	23	commission action regarding the complaint; and
24	24	(2) the judge's right to attend each commission
25	25	meeting at which the complaint is included in the report filed with
26	26	the commission members under Subsection (a-2).
27	27	(a-2) Not later than the 10th business day before a
28	28	scheduled commission meeting [120th day after the date a complaint
29	29	is filed with the commission], commission staff shall prepare and
30	30	file with each member of the commission a report detailing:
31	31	(1) each complaint for which a preliminary
32	32	investigation has been conducted under Subsection (a) but for which
33	33	the investigation report has not been finalized under Subsection
34	34	(b);
35	35	(2) the results of the preliminary investigation of
36	36	the complaint; and
37	37	(3) the commission staff's recommendations for
38	38	commission action regarding the complaint.
39	39	(b) Not later than the 120th [90th] day following the date
40	40	of the first commission meeting at which a complaint is included in
41	41	the report filed with the commission under Subsection (a-2) [staff
42	42	files with the commission the report required by Subsection (a)],
43	43	the commission shall finalize the investigation report and
44	44	determine any action to be taken regarding the complaint,
45	45	including:
46	46	(1) a public sanction;
47	47	(2) a private sanction;
48	48	(3) a suspension;
49	49	(4) an order of education;
50	50	(5) an acceptance of resignation in lieu of
51	51	discipline;
52	52	(6) a dismissal; or
53	53	(7) an initiation of formal proceedings.
54	54	(b-1) After the commission meeting at which an
55	55	investigation report is finalized and an action is determined under
56	56	Subsection (b), the commission shall provide to the judge who is the
57	57	subject of a complaint:
58	58	(1) written notice of the action to be taken regarding
59	59	the complaint not more than 48 hours after the commission meeting;
60	60	and
61	61	(2) as the commission determines appropriate, notice
62	62	of the action to be taken published on the commission's Internet
63	63	website not more than 72 hours after the commission meeting.
64	64	(c) If, because of extenuating circumstances, the
65	65	commission [staff] is unable to finalize an investigation report
66	66	and determine the action to be taken regarding a complaint under
67	67	Subsection (b) [provide an investigation report and recommendation
68	68	to the commission] before the 120th day following the date of the
69	69	first [the complaint was filed with the] commission meeting at
70	70	which a complaint is included in the report filed with the
71	71	commission under Subsection (a-2), the commission may order an
72	72	extension [the staff shall notify the commission and propose the
73	73	number of days required for the commission and commission staff to
74	74	complete the investigation report and recommendations and finalize
75	75	the complaint. The staff may request an extension] of not more
76	76	than 240 [270] days from the date of the first [the complaint was
77	77	filed with the] commission meeting at which a complaint is included
78	78	in the report filed with the commission under Subsection
79	79	(a-2). [The commission shall finalize the complaint not later than
80	80	the 270th day following the date the complaint was filed with the
81	81	commission.]
82	82	(d) [The executive director may request that the
83	83	chairperson grant an additional 120 days to the time provided under
84	84	Subsection (c) for the commission and commission staff to complete
85	85	the investigation report and recommendations and finalize the
86	86	complaint.
87	87	[(e)] If the commission orders an extension of time under
88	88	Subsection (c) [chairperson grants additional time under
89	89	Subsection (d)], the commission must timely inform the legislature
90	90	of the extension. The commission may not disclose to the
91	91	legislature any confidential information regarding the complaint.
92	92	Sec. 33.0213. NOTIFICATION OF LAW ENFORCEMENT AGENCY
93	93	INVESTIGATION. On notice by any law enforcement agency
94	94	investigating an action for which a complaint has been filed with
95	95	the commission, the commission shall:
96	96	(1) conduct the preliminary investigation and
97	97	finalize the investigation report without jeopardizing [may place
98	98	the commission's complaint file on hold and decline any further
99	99	investigation that would jeopardize] the law enforcement agency's
100	100	investigation or revealing confidential information; and
101	101	(2) wait to issue the commission's final determination
102	102	or take the determined action until after the law enforcement
103	103	investigation is complete. [The commission may continue an
104	104	investigation that would not jeopardize a law enforcement
105	105	investigation.]
106	106	SECTION 2. Section 33.041, Government Code, is amended to
107	107	read as follows:
108	108	Sec. 33.041. LEGISLATIVE REPORT. (a) The commission
109	109	shall prepare a report for the 89th [88th] Legislature regarding
110	110	any statutory changes that would further improve the commission's
111	111	effectiveness, efficiency, and transparency in filing,
112	112	investigating, and processing any complaint filed with the
113	113	commission.
114	114	(b) This section expires September 1, 2025 [2023].
115	115	SECTION 3. Section 33.0212, Government Code, as amended by
116	116	this Act, applies only to a complaint filed with the State
117	117	Commission on Judicial Conduct on or after the effective date of
118	118	this Act. A complaint filed before the effective date of this Act is
119	119	governed by the law in effect on the date the complaint was filed,
120	120	and the former law is continued in effect for that purpose.
121	121	SECTION 4. This Act takes effect September 1, 2023.