Texas 2025 - 89th Regular

Texas House Bill HB1761 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R6225 AMF/JCG-F
2	2	By: Leach H.B. No. 1761
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the discipline of judges by the State Commission on
10	10	Judicial Conduct, notice of certain reprimands, judicial
11	11	compensation and related retirement benefits, and the reporting of
12	12	certain judicial transparency information; authorizing an
13	13	administrative penalty.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 33.001(b), Government Code, is amended
16	16	to read as follows:
17	17	(b) For purposes of Section 1-a, Article V, Texas
18	18	Constitution, "wilful or persistent conduct that is clearly
19	19	inconsistent with the proper performance of a judge's duties"
20	20	includes:
21	21	(1) wilful, persistent, and unjustifiable failure to
22	22	timely execute the business of the court, considering the quantity
23	23	and complexity of the business, including failure to meet deadlines
24	24	set by statute or binding court order;
25	25	(2) wilful violation of a provision of the Texas penal
26	26	statutes or the Code of Judicial Conduct;
27	27	(3) persistent or wilful violation of the rules
28	28	promulgated by the supreme court;
29	29	(4) incompetence in the performance of the duties of
30	30	the office;
31	31	(5) failure to cooperate with the commission; [or]
32	32	(6) violation of any provision of a voluntary
33	33	agreement to resign from judicial office in lieu of disciplinary
34	34	action by the commission; or
35	35	(7) persistent or wilful violation of Article 17.15,
36	36	Code of Criminal Procedure.
37	37	SECTION 2. Section 33.0211, Government Code, is amended by
38	38	amending Subsection (a) and adding Subsection (a-1) to read as
39	39	follows:
40	40	(a) The commission shall maintain a file on each written
41	41	complaint filed with the commission. The file must include:
42	42	(1) the name of the person who filed the complaint;
43	43	(2) the date the complaint is received by the
44	44	commission;
45	45	(3) the subject matter of the complaint;
46	46	(4) additional documentation supporting the complaint
47	47	submitted under Subsection (a-1);
48	48	(5) the name of each person contacted in relation to
49	49	the complaint;
50	50	(6) [(5)] a summary of the results of the review or
51	51	investigation of the complaint; and
52	52	(7) [(6)] an explanation of the reason the file was
53	53	closed, if the commission closed the file without taking action
54	54	other than to investigate the complaint.
55	55	(a-1) Not later than the 45th day after the date a person
56	56	files a complaint with the commission, the person may submit to the
57	57	commission additional documentation to support the complaint.
58	58	SECTION 3. Subchapter B, Chapter 33, Government Code, is
59	59	amended by adding Section 33.02115 to read as follows:
60	60	Sec. 33.02115. FALSE COMPLAINT; ADMINISTRATIVE PENALTY.
61	61	(a) The commission may impose administrative sanctions, including
62	62	an administrative penalty under Subsection (b), against a person
63	63	who knowingly files a false complaint with the commission under
64	64	this subchapter.
65	65	(b) The commission may impose on a person described by
66	66	Subsection (a) an administrative penalty in the amount of:
67	67	(1) not more than $500 for the first false complaint;
68	68	(2) not more than $2,500 for the second false
69	69	complaint; and
70	70	(3) not less than $5,000 but not more than $10,000 for
71	71	each false complaint filed subsequent to the second.
72	72	(c) An order imposing an administrative penalty or other
73	73	sanction under this section is a public record. The commission
74	74	shall publish notice of the penalty or other sanction on the
75	75	commission's Internet website.
76	76	SECTION 4. Section 33.0212, Government Code, is amended to
77	77	read as follows:
78	78	Sec. 33.0212. REPORT AND RECOMMENDATIONS ON FILED
79	79	COMPLAINTS. (a) As soon as practicable after a complaint is filed
80	80	with the commission, commission staff shall conduct a preliminary
81	81	investigation of the filed complaint and draft recommendations for
82	82	commission action.
83	83	(a-1) If, after completing a preliminary investigation
84	84	under Subsection (a), commission staff determines that given the
85	85	content of a complaint a full investigation is necessary before the
86	86	next commission meeting, commission staff may commence the
87	87	investigation. Not less than seven business days after the date
88	88	commission staff commences a full investigation under this
89	89	subsection, the staff shall provide written notice of the full
90	90	investigation to the judge who is the subject of the complaint.
91	91	Notice provided under this subsection shall comply with the
92	92	requirements of Section 33.022(c)(1)(B).
93	93	(a-2) Not later than the 10th day before a scheduled
94	94	commission meeting [120th day after the date a complaint is filed
95	95	with the commission], commission staff shall prepare and file with
96	96	each member of the commission a report detailing:
97	97	(1) each complaint for which a preliminary
98	98	investigation has been conducted under Subsection (a) but for which
99	99	the investigation report has not been finalized under Subsection
100	100	(b);
101	101	(2) the results of the preliminary investigation of
102	102	the complaint, including whether commission staff commenced a full
103	103	investigation under Subsection (a-1); and
104	104	(3) the commission staff's recommendations for
105	105	commission action regarding the complaint, including any
106	106	recommendation for further investigation or termination of the
107	107	investigation and dismissal of the complaint.
108	108	(b) Not later than the 120th [90th] day following the date
109	109	of the first commission meeting at which a complaint is included in
110	110	the report filed with the commission under Subsection (a-2) [staff
111	111	files with the commission the report required by Subsection (a)],
112	112	the commission shall finalize the investigation report and
113	113	determine any action to be taken regarding the complaint,
114	114	including:
115	115	(1) a public sanction;
116	116	(2) a private sanction;
117	117	(3) a suspension;
118	118	(4) an order of education;
119	119	(5) an acceptance of resignation in lieu of
120	120	discipline;
121	121	(6) a dismissal; or
122	122	(7) an initiation of formal proceedings.
123	123	(b-1) After the commission meeting at which an
124	124	investigation report is finalized and an action is determined under
125	125	Subsection (b), the commission shall provide to the judge who is the
126	126	subject of a complaint:
127	127	(1) written notice of the action to be taken regarding
128	128	the complaint not more than:
129	129	(A) five business days after the commission
130	130	meeting if the commission determines no further action will be
131	131	taken on the complaint; or
132	132	(B) seven business days after the commission
133	133	meeting if the commission determines to take any further action on
134	134	the complaint, including by pursuing further investigation; and
135	135	(2) as the commission determines appropriate,
136	136	published notice of the action to be taken by posting the notice on
137	137	the commission's Internet website not less than five business days
138	138	after notice is provided under Subdivision (1).
139	139	(c) If, because of extenuating circumstances, the
140	140	commission [staff] is unable to finalize an investigation report
141	141	and determine the action to be taken regarding a complaint under
142	142	Subsection (b) [provide an investigation report and recommendation
143	143	to the commission] before the 120th day following the date of the
144	144	first [the complaint was filed with the] commission meeting at
145	145	which a complaint is included in the report filed with the
146	146	commission under Subsection (a-2), the commission may order an
147	147	extension [the staff shall notify the commission and propose the
148	148	number of days required for the commission and commission staff to
149	149	complete the investigation report and recommendations and finalize
150	150	the complaint. The staff may request an extension] of not more than
151	151	240 [270] days from the date of the first [the complaint was filed
152	152	with the] commission meeting at which a complaint is included in the
153	153	report filed with the commission under Subsection (a-2). [The
154	154	commission shall finalize the complaint not later than the 270th
155	155	day following the date the complaint was filed with the
156	156	commission.]
157	157	(d) [The executive director may request that the
158	158	chairperson grant an additional 120 days to the time provided under
159	159	Subsection (c) for the commission and commission staff to complete
160	160	the investigation report and recommendations and finalize the
161	161	complaint.
162	162	[(e)] If the commission orders an extension of time under
163	163	Subsection (c) [chairperson grants additional time under
164	164	Subsection (d)], the commission must timely inform the following
165	165	[legislature] of the extension:
166	166	(1) the governor;
167	167	(2) the lieutenant governor;
168	168	(3) the speaker of the house of representatives;
169	169	(4) the presiding officer of each legislative standing
170	170	committee with primary jurisdiction over the judiciary;
171	171	(5) the chief justice of the supreme court;
172	172	(6) the Office of Court Administration of the Texas
173	173	Judicial System; and
174	174	(7) the presiding judge of the administrative judicial
175	175	region in which is located the court the judge who is the subject of
176	176	the complaint serves.
177	177	(e) The commission may not disclose to a person informed
178	178	under Subsection (d) [the legislature] any confidential
179	179	information regarding the complaint.
180	180	SECTION 5. Section 33.0213, Government Code, is amended to
181	181	read as follows:
182	182	Sec. 33.0213. NOTIFICATION OF LAW ENFORCEMENT AGENCY
183	183	INVESTIGATION. On notice by any law enforcement agency
184	184	investigating an action for which a complaint has been filed with
185	185	the commission, the commission:
186	186	(1) may place the commission's complaint file on hold
187	187	and decline any further investigation that would jeopardize the law
188	188	enforcement agency's investigation; or
189	189	(2) shall [. The commission may] continue an
190	190	investigation that would not jeopardize a law enforcement
191	191	investigation regarding the conduct subject to the complaint and
192	192	may issue a censure or sanction based on the complaint.
193	193	SECTION 6. Section 33.022, Government Code, is amended by
194	194	amending Subsections (b) and (c) and adding Subsections (b-1) and
195	195	(b-2) to read as follows:
196	196	(b) If, after conducting a preliminary investigation under
197	197	this section, [the] commission staff determine [determines] that an
198	198	allegation or appearance of misconduct or disability is unfounded
199	199	or frivolous, [the] commission staff shall recommend the commission
200	200	[shall] terminate the investigation and dismiss the complaint.
201	201	(b-1) If, after conducting a preliminary investigation
202	202	under this section, commission staff determine administrative
203	203	deficiencies in the complaint preclude further investigation,
204	204	commission staff may terminate the investigation and dismiss the
205	205	complaint without action by the commission.
206	206	(b-2) If a complaint is dismissed under Subsection (b) or
207	207	(b-1), the commission shall notify the judge in writing of the
208	208	dismissal not more than five business days after the dismissal
209	209	date.
210	210	(c) If, after conducting a preliminary investigation under
211	211	this section, the commission does not determine that an allegation
212	212	or appearance of misconduct or disability is unfounded or
213	213	frivolous, the commission:
214	214	(1) shall:
215	215	(A) conduct a full investigation of the
216	216	circumstances surrounding the allegation or appearance of
217	217	misconduct or disability; and
218	218	(B) not more than seven business days after the
219	219	commission staff commences a full investigation under this
220	220	subsection, notify the judge in writing of:
221	221	(i) the commencement of the investigation;
222	222	[and]
223	223	(ii) the nature of the allegation or
224	224	appearance of misconduct or disability being investigated; and
225	225	(iii) the judge's right to attend each
226	226	commission meeting at which the complaint is included in the report
227	227	filed with commission members under Section 33.0212(a-2); and
228	228	(2) may:
229	229	(A) order the judge to:
230	230	(i) submit a written response to the
231	231	allegation or appearance of misconduct or disability; or
232	232	(ii) appear informally before the
233	233	commission;
234	234	(B) order the deposition of any person; or
235	235	(C) request the complainant to appear informally
236	236	before the commission.
237	237	SECTION 7. Section 33.034, Government Code, is amended by
238	238	amending Subsection (a) and adding Subsection (j) to read as
239	239	follows:
240	240	(a) A judge who receives from the commission a sanction or
241	241	censure issued by the commission under Section 1-a(8), Article V,
242	242	Texas Constitution, may request [or any other type of sanction is
243	243	entitled to] a review of the commission's decision as provided by
244	244	this section. This section does not apply to a decision by the
245	245	commission to institute formal proceedings.
246	246	(j) If the commission issues a public reprimand of a judge
247	247	based on the judge's persistent or wilful violation of Article
248	248	17.15, Code of Criminal Procedure, the commission shall send notice
249	249	of the reprimand to:
250	250	(1) the governor;
251	251	(2) the lieutenant governor;
252	252	(3) the speaker of the house of representatives;
253	253	(4) the presiding officer of each legislative standing
254	254	committee with primary jurisdiction over the judiciary;
255	255	(5) the chief justice of the supreme court;
256	256	(6) the Office of Court Administration of the Texas
257	257	Judicial System; and
258	258	(7) the presiding judge of the administrative judicial
259	259	region in which is located the court the reprimanded judge serves.
260	260	SECTION 8. Section 33.037, Government Code, is amended to
261	261	read as follows:
262	262	Sec. 33.037. SUSPENSION FROM OFFICE [PENDING APPEAL]. (a)
263	263	If a judge who is convicted of a felony or a misdemeanor involving
264	264	official misconduct appeals the conviction, the commission shall
265	265	suspend the judge from office without pay pending final disposition
266	266	of the appeal.
267	267	(b) Not later than the 21st day after the date the
268	268	commission initiates formal proceedings against a judge based on
269	269	the judge's persistent or wilful violation of Article 17.15, Code
270	270	of Criminal Procedure, the commission shall recommend to the
271	271	supreme court that the judge be suspended from office pursuant to
272	272	Section 1-a, Article V, Texas Constitution.
273	273	SECTION 9. Subchapter C, Chapter 72, Government Code, is
274	274	amended by adding Section 72.0396 to read as follows:
275	275	Sec. 72.0396. JUDICIAL TRANSPARENCY INFORMATION. (a) Each
276	276	district court judge shall submit to the presiding judge of the
277	277	administrative judicial region in which the judge's court sits not
278	278	later than the 20th day of each calendar quarter information for the
279	279	preceding quarter in which the judge attests to:
280	280	(1) the number of hours the judge presided over the
281	281	judge's court at the courthouse or another court facility; and
282	282	(2) the number of hours the judge performed judicial
283	283	duties other than those described by Subdivision (1), including the
284	284	number of hours the judge:
285	285	(A) performed case-related duties;
286	286	(B) performed administrative tasks; and
287	287	(C) completed continuing education.
288	288	(b) The presiding judge of each administrative judicial
289	289	region shall submit the information submitted under Subsection (a)
290	290	to the office in the manner prescribed by the supreme court.
291	291	(c) The office shall provide administrative support for the
292	292	submission and collection of information under Subsection (a),
293	293	including providing a system for electronic submission of the
294	294	information.
295	295	(d) Not later than December 1 of each year, the office shall
296	296	prepare and submit to the governor, the lieutenant governor, the
297	297	speaker of the house of representatives, and each presiding officer
298	298	of a legislative standing committee with primary jurisdiction over
299	299	the judiciary a written report compiling the information submitted
300	300	under Subsection (b).
301	301	(e) The supreme court shall adopt rules establishing
302	302	guidelines and providing instructions regarding the reporting of
303	303	information under Subsection (a), including rules:
304	304	(1) establishing a penalty for the submission of false
305	305	information under Subsection (a); and
306	306	(2) providing guidance on the form and manner of
307	307	reporting under Subsection (a).
308	308	SECTION 10. Section 74.055(c), Government Code, is amended
309	309	to read as follows:
310	310	(c) To be eligible to be named on the list, a retired or
311	311	former judge must:
312	312	(1) have served as an active judge for at least 96
313	313	months in a district, statutory probate, statutory county, or
314	314	appellate court;
315	315	(2) have developed substantial experience in the
316	316	judge's area of specialty;
317	317	(3) not have been removed from office;
318	318	(4) certify under oath to the presiding judge, on a
319	319	form prescribed by the state board of regional judges, that:
320	320	(A) the judge has never been publicly reprimanded
321	321	or censured by the State Commission on Judicial Conduct, excluding
322	322	any reprimand or censure reviewed and rescinded by a special court
323	323	of review under Section 33.034;
324	324	(B) the judge has not received more than one of
325	325	any other type of public sanction, excluding any sanction reviewed
326	326	and rescinded by a special court of review under Section 33.034; and
327	327	(C) [(B)] the judge:
328	328	(i) did not resign or retire from office
329	329	after the State Commission on Judicial Conduct notified the judge
330	330	of the commencement of a full investigation into an allegation or
331	331	appearance of misconduct or disability of the judge as provided in
332	332	Section 33.022 and before the final disposition of that
333	333	investigation; or
334	334	(ii) if the judge did resign from office
335	335	under circumstances described by Subparagraph (i), was not publicly
336	336	reprimanded or censured as a result of the investigation;
337	337	(5) annually demonstrate that the judge has completed
338	338	in the past state fiscal year the educational requirements for
339	339	active district, statutory probate, and statutory county court
340	340	judges; and
341	341	(6) certify to the presiding judge a willingness not
342	342	to appear and plead as an attorney in any court in this state for a
343	343	period of two years.
344	344	SECTION 11. Section 659.012(a), Government Code, is amended
345	345	to read as follows:
346	346	(a) Notwithstanding Section 659.011 and subject to
347	347	Subsections (b) and (b-1):
348	348	(1) a judge of a district court or a division of the
349	349	business court is entitled to an annual base salary from the state
350	350	as set by the General Appropriations Act in an amount equal to at
351	351	least $161,000 [$140,000], except that the combined base salary of
352	352	a district judge or judge of a division of the business court from
353	353	all state and county sources, including compensation for any
354	354	extrajudicial services performed on behalf of the county, may not
355	355	exceed the amount that is $5,000 less than the maximum combined base
356	356	salary from all state and county sources for a justice of a court of
357	357	appeals other than a chief justice as determined under this
358	358	subsection;
359	359	(2) except as provided by Subdivision (3), a justice
360	360	of a court of appeals other than the chief justice is entitled to an
361	361	annual base salary from the state in the amount equal to 110 percent
362	362	of the state base salary of a district judge as set by the General
363	363	Appropriations Act, except that the combined base salary of a
364	364	justice of the court of appeals other than the chief justice from
365	365	all state and county sources, including compensation for any
366	366	extrajudicial services performed on behalf of the county, may not
367	367	exceed the amount that is $5,000 less than the base salary for a
368	368	justice of the supreme court as determined under this subsection;
369	369	(3) a justice of the Court of Appeals for the Fifteenth
370	370	Court of Appeals District other than the chief justice is entitled
371	371	to an annual base salary from the state in the amount equal to
372	372	$5,000 less than 120 percent of the state base salary of a district
373	373	judge as set by the General Appropriations Act;
374	374	(4) a justice of the supreme court other than the chief
375	375	justice or a judge of the court of criminal appeals other than the
376	376	presiding judge is entitled to an annual base salary from the state
377	377	in the amount equal to 120 percent of the state base salary of a
378	378	district judge as set by the General Appropriations Act; and
379	379	(5) the chief justice or presiding judge of an
380	380	appellate court is entitled to an annual base salary from the state
381	381	in the amount equal to $2,500 more than the state base salary
382	382	provided for the other justices or judges of the court, except that
383	383	the combined base salary of the chief justice of a court of appeals
384	384	from all state and county sources may not exceed the amount equal to
385	385	$2,500 less than the base salary for a justice of the supreme court
386	386	as determined under this subsection.
387	387	SECTION 12. Section 665.052(b), Government Code, is amended
388	388	to read as follows:
389	389	(b) In this section, "incompetency" means:
390	390	(1) gross ignorance of official duties;
391	391	(2) gross carelessness in the discharge of official
392	392	duties; [or]
393	393	(3) inability or unfitness to discharge promptly and
394	394	properly official duties because of a serious physical or mental
395	395	defect that did not exist at the time of the officer's election; or
396	396	(4) persistent or wilful violation of Article 17.15,
397	397	Code of Criminal Procedure.
398	398	SECTION 13. Section 814.103, Government Code, is amended by
399	399	adding Subsections (d) and (e) to read as follows:
400	400	(d) Notwithstanding Subsection (a) or (a-1) or any other
401	401	law:
402	402	(1) any increase in the state base salary being paid to
403	403	a district judge as set by the General Appropriations Act in
404	404	accordance with Section 659.012 by the 89th Legislature, Regular
405	405	Session, 2025, does not apply to a standard service retirement
406	406	annuity computed under this section for a retiree or beneficiary if
407	407	the retiree on whose service the annuity is based retired before
408	408	September 1, 2025; and
409	409	(2) the amount of the state base salary being paid to a
410	410	district judge as set by Chapter 1170 (H.B. 1), Acts of the 88th
411	411	Legislature, Regular Session, 2023 (the General Appropriations
412	412	Act), for the fiscal year ending August 31, 2025, in accordance with
413	413	Section 659.012 continues to apply to the annuities described by
414	414	Subdivision (1) until the 90th Legislature or a later legislature
415	415	enacts legislation that increases the state base salary being paid
416	416	to a district judge as set by the General Appropriations Act in
417	417	accordance with Section 659.012.
418	418	(e) On the date the 90th Legislature or a later legislature
419	419	enacts legislation that increases the state base salary being paid
420	420	to a district judge, as described by Subsection (d), this
421	421	subsection and Subsection (d) expire.
422	422	SECTION 14. Section 834.102, Government Code, is amended by
423	423	adding Subsections (e) and (f) to read as follows:
424	424	(e) Notwithstanding Subsection (a) or (d) or any other law:
425	425	(1) any increase in the state base salary being paid to
426	426	a district judge as set by the General Appropriations Act in
427	427	accordance with Section 659.012 by the 89th Legislature, Regular
428	428	Session, 2025, does not apply to a service retirement annuity
429	429	computed under this section of a retiree or beneficiary if the
430	430	retiree on whose service the annuity is based retired before
431	431	September 1, 2025; and
432	432	(2) the amount of the state base salary being paid to a
433	433	district judge as set by Chapter 1170 (H.B. 1), Acts of the 88th
434	434	Legislature, Regular Session, 2023 (the General Appropriations
435	435	Act), for the fiscal year ending August 31, 2025, in accordance with
436	436	Section 659.012 continues to apply to the annuities described by
437	437	Subdivision (1) until the 90th Legislature or a later legislature
438	438	enacts legislation that increases the state base salary being paid
439	439	to a district judge as set by the General Appropriations Act in
440	440	accordance with Section 659.012.
441	441	(f) On the date the 90th Legislature or a later legislature
442	442	enacts legislation that increases the state base salary being paid
443	443	to a district judge, as described by Subsection (e), this
444	444	subsection and Subsection (e) expire.
445	445	SECTION 15. As soon as practicable after the effective date
446	446	of this Act, the State Commission on Judicial Conduct shall adopt
447	447	rules to implement Section 33.001(b), Government Code, as amended
448	448	by this Act.
449	449	SECTION 16. As soon as practicable after the effective date
450	450	of this Act, the Texas Supreme Court shall adopt rules for purposes
451	451	of Section 72.0396, Government Code, as added by this Act.
452	452	SECTION 17. Sections 33.001(b) and 665.052(b), Government
453	453	Code, as amended by this Act, apply only to an allegation of
454	454	judicial misconduct received by the State Commission on Judicial
455	455	Conduct on or after the effective date of this Act, regardless of
456	456	whether the conduct or act that is the subject of the allegation
457	457	occurred or was committed before, on, or after the effective date of
458	458	this Act.
459	459	SECTION 18. A former or retired judge on a list maintained
460	460	by a presiding judge under Section 74.055(a), Government Code, who
461	461	is ineligible to be named on the list under Section 74.055(c),
462	462	Government Code, as amended by this Act, shall be struck from the
463	463	list on the effective date of this Act and may not be assigned to any
464	464	court on or after the effective date of this Act.
465	465	SECTION 19. This Act takes effect September 1, 2025.