Texas 2025 - 89th Regular

Texas House Bill HB2064 Compare Versions

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1	1	By: Holt H.B. No. 2064
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the discipline of judges by the State Commission on
9	9	Judicial Conduct, notice of certain reprimands, judicial
10	10	compensation and related retirement benefits, and the reporting of
11	11	certain judicial transparency information; authorizing an
12	12	administrative penalty.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 330.001(b), Government Code, is amended
15	15	to read as follows:
16	16	(b) For purposes of Section 1-a, Article V, Texas
17	17	Constitution, "wilful or persistent conduct that is clearly
18	18	inconsistent with the proper performance of a judge's duties"
19	19	includes:
20	20	(1) wilful, persistent, and unjustifiable failure to
21	21	timely execute the business of the court, considering the quantity
22	22	and complexity of the business, including failure to meet deadlines
23	23	set by statute or binding court order;
24	24	(2) wilful violation of a provision of the Texas penal
25	25	statutes or the Code of Judicial Conduct;
26	26	(3) persistent or wilful violation of the rules
27	27	promulgated by the supreme court;
28	28	(4) incompetence in the performance of the duties of
29	29	the office;
30	30	(5) failure to cooperate with the commission; [or]
31	31	(6) violation of any provision of a voluntary
32	32	agreement to resign from judicial office in lieu of disciplinary
33	33	action by the commission; or
34	34	(7) persistent or wilful violation of Article 17.15,
35	35	Code of Criminal Procedure.
36	36	SECTION 2. Section 33.0211, Government Code, is amended by
37	37	amending Subsection (a) and adding Subsection (a-1) to read as
38	38	follows:
39	39	(a) The commission shall maintain a file on each written
40	40	complaint filed with the commission. The file must include:
41	41	(1) the name of the person who filed the complaint;
42	42	(2) the date the complaint is received by the
43	43	commission;
44	44	(3) the subject matter of the complaint;
45	45	(4) additional documentation supporting the complaint
46	46	submitted under Subsection (a-1);
47	47	(5) the name of each person contacted in relation to
48	48	the complaint;
49	49	(6) [(5)] a summary of the results of the review or
50	50	investigation of the complaint; and
51	51	(7) [(6)] an explanation of the reason the file was
52	52	closed, if the commission closed the file without taking action
53	53	other than to investigate the complaint.
54	54	(a-1) Not later than the 45th day after the date a person
55	55	files a complaint with the commission, the person may submit to the
56	56	commission additional documentation to support the complaint.
57	57	SECTION 3. Subchapter B, Chapter 33, Government Code, is
58	58	amended by adding Section 33.02115 to read as follows:
59	59	Sec. 33.02115. FALSE COMPLAINT; ADMINISTRATIVE PENALTY.
60	60	(a) The commission may impose administrative sanctions, including
61	61	an administrative penalty under Subsection (b), against a person
62	62	who knowingly files a false complaint with the commission under
63	63	this subchapter.
64	64	(b) The commission may impose on a person described by
65	65	Subsection (a) an administrative penalty in the amount of:
66	66	(1) not more than $500 for the first false complaint;
67	67	(2) not more than $2,500 for the second false
68	68	complaint; and
69	69	(3) not less than $5,000 but not more than $10,000 for
70	70	each false complaint filed subsequent to the second.
71	71	(c) An order imposing an administrative penalty or other
72	72	sanction under this section is a public record. The commission
73	73	shall publish notice of the penalty or other sanction on the
74	74	commission's Internet website.
75	75	SECTION 4. Section 33.0212, Government Code, is amended to
76	76	read as follows:
77	77	Sec. 33.0212. REPORT AND RECOMMENDATIONS ON FILED
78	78	COMPLAINTS. (a) As soon as practicable after a complaint is filed
79	79	with the commission, commission staff shall conduct a preliminary
80	80	investigation of the filed complaint and draft recommendations for
81	81	commission action.
82	82	(a-1) If, after completing a preliminary investigation
83	83	under Subsection (a), commission staff determines that given the
84	84	content of a complaint a full investigation is necessary before the
85	85	next commission meeting, commission staff may commence the
86	86	investigation. Not less than seven business days after the date
87	87	commission staff commences a full investigation under this
88	88	subsection, the staff shall provide written notice of the full
89	89	investigation to the judge who is the subject of the complaint.
90	90	Notice provided under this subsection shall comply with the
91	91	requirements of Section 33.022(c)(1)(B).
92	92	(a-2) Not later than the 10th day before a scheduled
93	93	commission meeting [120th day after the date a complaint is filed
94	94	with the commission], commission staff shall prepare and file with
95	95	each member of the commission a report detailing:
96	96	(1) each complaint for which a preliminary
97	97	investigation has been conducted under Subsection (a) but for which
98	98	the investigation report has not been finalized under Subsection
99	99	(b);
100	100	(2) the results of the preliminary investigation of
101	101	the complaint, including whether commission staff commenced a full
102	102	investigation under Subsection (a-1); and
103	103	(3) the commission staff's recommendations for
104	104	commission action regarding the complaint, including any
105	105	recommendation for further investigation or termination of the
106	106	investigation and dismissal of the complaint.
107	107	(b) Not later than the 120th [90th] day following the date
108	108	of the first commission meeting at which a complaint is included in
109	109	the report filed with the commission under Subsection (a-2) [staff
110	110	files with the commission the report required by Subsection (a)],
111	111	the commission shall finalize the investigation report and
112	112	determine any action to be taken regarding the complaint,
113	113	including:
114	114	(1) a public sanction;
115	115	(2) a private sanction;
116	116	(3) a suspension;
117	117	(4) an order of education;
118	118	(5) an acceptance of resignation in lieu of
119	119	discipline;
120	120	(6) a dismissal; or
121	121	(7) an initiation of formal proceedings.
122	122	(b-1) After the commission meeting at which an
123	123	investigation report is finalized and an action is determined under
124	124	Subsection (b), the commission shall provide to the judge who is the
125	125	subject of a complaint:
126	126	(1) written notice of the action to be taken regarding
127	127	the complaint not more than:
128	128	(A) five business days after the commission
129	129	meeting if the commission determines no further action will be
130	130	taken on the complaint; or
131	131	(B) seven business days after the commission
132	132	meeting if the commission determines to take any further action on
133	133	the complaint, including by pursuing further investigation; and
134	134	(2) as the commission determines appropriate,
135	135	published notice of the action to be taken by posting the notice on
136	136	the commission's Internet website not less than five business days
137	137	after notice is provided under Subdivision (1).
138	138	(c) If, because of extenuating circumstances, the
139	139	commission [staff] is unable to finalize an investigation report
140	140	and determine the action to be taken regarding a complaint under
141	141	Subsection (b) [provide an investigation report and recommendation
142	142	to the commission] before the 120th day following the date of the
143	143	first [the complaint was filed with the] commission meeting at
144	144	which a complaint is included in the report filed with the
145	145	commission under Subsection (a-2), the commission may order an
146	146	extension [the staff shall notify the commission and propose the
147	147	number of days required for the commission and commission staff to
148	148	complete the investigation report and recommendations and finalize
149	149	the complaint. The staff may request an extension] of not more than
150	150	240 [270] days from the date of the first [the complaint was filed
151	151	with the] commission meeting at which a complaint is included in the
152	152	report filed with the commission under Subsection (a-2). [The
153	153	commission shall finalize the complaint not later than the 270th
154	154	day following the date the complaint was filed with the
155	155	commission.]
156	156	(d) [The executive director may request that the
157	157	chairperson grant an additional 120 days to the time provided under
158	158	Subsection (c) for the commission and commission staff to complete
159	159	the investigation report and recommendations and finalize the
160	160	complaint.
161	161	[(e)] If the commission orders an extension of time under
162	162	Subsection (c) [chairperson grants additional time under
163	163	Subsection (d)], the commission must timely inform the following
164	164	[legislature] of the extension:
165	165	(1) the governor;
166	166	(2) the lieutenant governor;
167	167	(3) the speaker of the house of representatives;
168	168	(4) the presiding officer of each legislative standing
169	169	committee with primary jurisdiction over the judiciary;
170	170	(5) the chief justice of the supreme court;
171	171	(6) the Office of Court Administration of the Texas
172	172	Judicial System; and
173	173	(7) the presiding judge of the administrative judicial
174	174	region in which is located the court the judge who is the subject of
175	175	the complaint serves.
176	176	(e) The commission may not disclose to a person informed
177	177	under Subsection (d) [the legislature] any confidential
178	178	information regarding the complaint.
179	179	SECTION 5. Section 33.0213, Government Code, is amended to
180	180	read as follows:
181	181	Sec. 33.0213. NOTIFICATION OF LAW ENFORCEMENT AGENCY
182	182	INVESTIGATION. On notice by any law enforcement agency
183	183	investigating an action for which a complaint has been filed with
184	184	the commission, the commission:
185	185	(1) may place the commission's complaint file on hold
186	186	and decline any further investigation that would jeopardize the law
187	187	enforcement agency's investigation; or
188	188	(2) shall [. The commission may] continue an
189	189	investigation that would not jeopardize a law enforcement
190	190	investigation regarding the conduct subject to the complaint and
191	191	may issue a censure or sanction based on the complaint.
192	192	SECTION 6. Section 33.022, Government Code, is amended by
193	193	amending Subsections (b) and (c) and adding Subsections (b-1) and
194	194	(b-2) to read as follows:
195	195	(b) If, after conducting a preliminary investigation under
196	196	this section, [the] commission staff determine [determines] that an
197	197	allegation or appearance of misconduct or disability is unfounded
198	198	or frivolous, [the] commission staff shall recommend the commission
199	199	[shall] terminate the investigation and dismiss the complaint.
200	200	(b-1) If, after conducting a preliminary investigation
201	201	under this section, commission staff determine administrative
202	202	deficiencies in the complaint preclude further investigation,
203	203	commission staff may terminate the investigation and dismiss the
204	204	complaint without action by the commission.
205	205	(b-2) If a complaint is dismissed under Subsection (b) or
206	206	(b-1), the commission shall notify the judge in writing of the
207	207	dismissal not more than five business days after the dismissal
208	208	date.
209	209	(c) If, after conducting a preliminary investigation under
210	210	this section, the commission does not determine that an allegation
211	211	or appearance of misconduct or disability is unfounded or
212	212	frivolous, the commission:
213	213	(1) shall:
214	214	(A) conduct a full investigation of the
215	215	circumstances surrounding the allegation or appearance of
216	216	misconduct or disability; and
217	217	(B) not more than seven business days after the
218	218	commission staff commences a full investigation under this
219	219	subsection, notify the judge in writing of:
220	220	(i) the commencement of the investigation;
221	221	[and]
222	222	(ii) the nature of the allegation or
223	223	appearance of misconduct or disability being investigated; and
224	224	(iii) the judge's right to attend each
225	225	commission meeting at which the complaint is included in the report
226	226	filed with commission members under Section 33.0212(a-2); and
227	227	(2) may:
228	228	(A) order the judge to:
229	229	(i) submit a written response to the
230	230	allegation or appearance of misconduct or disability; or
231	231	(ii) appear informally before the
232	232	commission;
233	233	(B) order the deposition of any person; or
234	234	(C) request the complainant to appear informally
235	235	before the commission.
236	236	SECTION 7. Section 33.034, Government Code, is amended by
237	237	amending Subsection (a) and adding Subsection (j) to read as
238	238	follows:
239	239	(a) A judge who receives from the commission a sanction or
240	240	censure issued by the commission under Section 1-a(8), Article V,
241	241	Texas Constitution, may request [or any other type of sanction is
242	242	entitled to] a review of the commission's decision as provided by
243	243	this section. This section does not apply to a decision by the
244	244	commission to institute formal proceedings.
245	245	(j) If the commission issues a public reprimand of a judge
246	246	based on the judge's persistent or wilful violation of Article
247	247	17.15, Code of Criminal Procedure, the commission shall send notice
248	248	of the reprimand to:
249	249	(1) the governor;
250	250	(2) the lieutenant governor;
251	251	(3) the speaker of the house of representatives;
252	252	(4) the presiding officer of each legislative standing
253	253	committee with primary jurisdiction over the judiciary;
254	254	(5) the chief justice of the supreme court;
255	255	(6) the Office of Court Administration of the Texas
256	256	Judicial System; and
257	257	(7) the presiding judge of the administrative judicial
258	258	region in which is located the court the reprimanded judge serves.
259	259	SECTION 8. Section 33.037, Government Code, is amended to
260	260	read as follows:
261	261	Sec. 33.037. SUSPENSION FROM OFFICE [PENDING APPEAL]. (a)
262	262	If a judge who is convicted of a felony or a misdemeanor involving
263	263	official misconduct appeals the conviction, the commission shall
264	264	suspend the judge from office without pay pending final disposition
265	265	of the appeal.
266	266	(b) Not later than the 21st day after the date the
267	267	commission initiates formal proceedings against a judge based on
268	268	the judge's persistent or wilful violation of Article 17.15, Code
269	269	of Criminal Procedure, the commission shall recommend to the
270	270	supreme court that the judge be suspended from office pursuant to
271	271	Section 1-a, Article V, Texas Constitution.
272	272	SECTION 9. Subchapter C, Chapter 72, Government Code, is
273	273	amended by adding Section 72.0396 to read as follows:
274	274	Sec. 72.0396. JUDICIAL TRANSPARENCY INFORMATION. (a) Each
275	275	district court judge shall submit to the presiding judge of the
276	276	administrative judicial region in which the judge's court sits not
277	277	later than the 20th day of each calendar quarter information for the
278	278	preceding quarter in which the judge attests to:
279	279	(1) the number of hours the judge presided over the
280	280	judge's court at the courthouse or another court facility; and
281	281	(2) the number of hours the judge performed judicial
282	282	duties other than those described by Subdivision (1), including the
283	283	number of hours the judge:
284	284	(A) performed case-related duties;
285	285	(B) performed administrative tasks; and
286	286	(C) completed continuing education.
287	287	(b) The presiding judge of each administrative judicial
288	288	region shall submit the information submitted under Subsection (a)
289	289	to the office in the manner prescribed by the supreme court.
290	290	(c) The office shall provide administrative support for the
291	291	submission and collection of information under Subsection (a),
292	292	including providing a system for electronic submission of the
293	293	information.
294	294	(d) Not later than December 1 of each year, the office shall
295	295	prepare and submit to the governor, the lieutenant governor, the
296	296	speaker of the house of representatives, and each presiding officer
297	297	of a legislative standing committee with primary jurisdiction over
298	298	the judiciary a written report compiling the information submitted
299	299	under Subsection (b).
300	300	(e) The supreme court shall adopt rules establishing
301	301	guidelines and providing instructions regarding the reporting of
302	302	information under Subsection (a), including rules:
303	303	(1) establishing a penalty for the submission of false
304	304	information under Subsection (a); and
305	305	(2) providing guidance on the form and manner of
306	306	reporting under Subsection (a).
307	307	SECTION 10. Section 74.055(c), Government Code, is amended
308	308	to read as follows:
309	309	(c) To be eligible to be named on the list, a retired or
310	310	former judge must:
311	311	(1) have served as an active judge for at least 96
312	312	months in a district, statutory probate, statutory county, or
313	313	appellate court;
314	314	(2) have developed substantial experience in the
315	315	judge's area of specialty;
316	316	(3) not have been removed from office;
317	317	(4) certify under oath to the presiding judge, on a
318	318	form prescribed by the state board of regional judges, that:
319	319	(A) the judge has never been publicly reprimanded
320	320	or censured by the State Commission on Judicial Conduct, excluding
321	321	any reprimand or censure reviewed and rescinded by a special court
322	322	of review under Section 33.034;
323	323	(B) the judge has not received more than one of
324	324	any other type of public sanction, excluding any sanction reviewed
325	325	and rescinded by a special court of review under Section 33.034; and
326	326	(C) [(B)] the judge:
327	327	(i) did not resign or retire from office
328	328	after the State Commission on Judicial Conduct notified the judge
329	329	of the commencement of a full investigation into an allegation or
330	330	appearance of misconduct or disability of the judge as provided in
331	331	Section 33.022 and before the final disposition of that
332	332	investigation; or
333	333	(ii) if the judge did resign from office
334	334	under circumstances described by Subparagraph (i), was not publicly
335	335	reprimanded or censured as a result of the investigation;
336	336	(5) annually demonstrate that the judge has completed
337	337	in the past state fiscal year the educational requirements for
338	338	active district, statutory probate, and statutory county court
339	339	judges; and
340	340	(6) certify to the presiding judge a willingness not
341	341	to appear and plead as an attorney in any court in this state for a
342	342	period of two years.
343	343	SECTION 11. Section 659.012(a), Government Code, is amended
344	344	to read as follows:
345	345	(a) Notwithstanding Section 659.011 and subject to
346	346	Subsections (b) and (b-1):
347	347	(1) a judge of a district court or a division of the
348	348	business court is entitled to an annual base salary from the state
349	349	as set by the General Appropriations Act in an amount equal to at
350	350	least $161,000 [$140,000], except that the combined base salary of
351	351	a district judge or judge of a division of the business court from
352	352	all state and county sources, including compensation for any
353	353	extrajudicial services performed on behalf of the county, may not
354	354	exceed the amount that is $5,000 less than the maximum combined base
355	355	salary from all state and county sources for a justice of a court of
356	356	appeals other than a chief justice as determined under this
357	357	subsection;
358	358	(2) except as provided by Subdivision (3), a justice
359	359	of a court of appeals other than the chief justice is entitled to an
360	360	annual base salary from the state in the amount equal to 110 percent
361	361	of the state base salary of a district judge as set by the General
362	362	Appropriations Act, except that the combined base salary of a
363	363	justice of the court of appeals other than the chief justice from
364	364	all state and county sources, including compensation for any
365	365	extrajudicial services performed on behalf of the county, may not
366	366	exceed the amount that is $5,000 less than the base salary for a
367	367	justice of the supreme court as determined under this subsection;
368	368	(3) a justice of the Court of Appeals for the Fifteenth
369	369	Court of Appeals District other than the chief justice is entitled
370	370	to an annual base salary from the state in the amount equal to
371	371	$5,000 less than 120 percent of the state base salary of a district
372	372	judge as set by the General Appropriations Act;
373	373	(4) a justice of the supreme court other than the chief
374	374	justice or a judge of the court of criminal appeals other than the
375	375	presiding judge is entitled to an annual base salary from the state
376	376	in the amount equal to 120 percent of the state base salary of a
377	377	district judge as set by the General Appropriations Act; and
378	378	(5) the chief justice or presiding judge of an
379	379	appellate court is entitled to an annual base salary from the state
380	380	in the amount equal to $2,500 more than the state base salary
381	381	provided for the other justices or judges of the court, except that
382	382	the combined base salary of the chief justice of a court of appeals
383	383	from all state and county sources may not exceed the amount equal to
384	384	$2,500 less than the base salary for a justice of the supreme court
385	385	as determined under this subsection.
386	386	SECTION 12. Section 665.052(b), Government Code, is amended
387	387	to read as follows:
388	388	(b) In this section, "incompetency" means:
389	389	(1) gross ignorance of official duties;
390	390	(2) gross carelessness in the discharge of official
391	391	duties; [or]
392	392	(3) inability or unfitness to discharge promptly and
393	393	properly official duties because of a serious physical or mental
394	394	defect that did not exist at the time of the officer's election; or
395	395	(4) persistent or wilful violation of Article 17.15,
396	396	Code of Criminal Procedure.
397	397	SECTION 13. Section 814.103, Government Code, is amended by
398	398	adding Subsections (d) and (e) to read as follows:
399	399	(d) Notwithstanding Subsection (a) or (a-1) or any other
400	400	law:
401	401	(1) any increase in the state base salary being paid to
402	402	a district judge as set by the General Appropriations Act in
403	403	accordance with Section 659.012 by the 89th Legislature, Regular
404	404	Session, 2025, does not apply to a standard service retirement
405	405	annuity computed under this section for a retiree or beneficiary if
406	406	the retiree on whose service the annuity is based retired before
407	407	September 1, 2025; and
408	408	(2) the amount of the state base salary being paid to a
409	409	district judge as set by Chapter 1170 (H.B. 1), Acts of the 88th
410	410	Legislature, Regular Session, 2023 (the General Appropriations
411	411	Act), for the fiscal year ending August 31, 2025, in accordance
412	412	with Section 659.012 continues to apply to the annuities described
413	413	by Subdivision (1) until the 90th Legislature or a later
414	414	legislature enacts legislation that increases the state base salary
415	415	being paid to a district judge as set by the General Appropriations
416	416	Act in accordance with Section 659.012.
417	417	(e) On the date the 90th Legislature or a later legislature
418	418	enacts legislation that increases the state base salary being paid
419	419	to a district judge, as described by Subsection (d), this
420	420	subsection and Subsection (d) expire.
421	421	SECTION 14. Section 834.102, Government Code, is amended by
422	422	adding Subsections (e) and (f) to read as follows:
423	423	(e) Notwithstanding Subsection (a) or (d) or any other law:
424	424	(1) any increase in the state base salary being paid to
425	425	a district judge as set by the General Appropriations Act in
426	426	accordance with Section 659.012 by the 89th Legislature, Regular
427	427	Session, 2025, does not apply to a service retirement annuity
428	428	computed under this section of a retiree or beneficiary if the
429	429	retiree on whose service the annuity is based retired before
430	430	September 1, 2025; and
431	431	(2) the amount of the state base salary being paid to a
432	432	district judge as set by Chapter 1170 (H.B. 1), Acts of the 88th
433	433	Legislature, Regular Session, 2023 (the General Appropriations
434	434	Act), for the fiscal year ending August 31, 2025, in accordance with
435	435	Section 659.012 continues to apply to the annuities described by
436	436	Subdivision (1) until the 90th Legislature or a later legislature
437	437	enacts legislation that increases the state base salary being paid
438	438	to a district judge as set by the General Appropriations Act in
439	439	accordance with Section 659.012.
440	440	(f) On the date the 90th Legislature or a later legislature
441	441	enacts legislation that increases the state base salary being paid
442	442	to a district judge, as described by Subsection (e), this
443	443	subsection and Subsection (e) expire.
444	444	SECTION 15. As soon as practicable after the effective date
445	445	of this Act, the State Commission on Judicial Conduct shall adopt
446	446	rules to implement Section 33.001(b), Government Code, as amended
447	447	by this Act.
448	448	SECTION 16. As soon as practicable after the effective date
449	449	of this Act, the Texas Supreme Court shall adopt rules for purposes
450	450	of Section 72.0396, Government Code, as added by this Act.
451	451	SECTION 17. Sections 33.001(b) and 665.052(b), Government
452	452	Code, as amended by this Act, apply only to an allegation of
453	453	judicial misconduct received by the State Commission on Judicial
454	454	Conduct on or after the effective date of this Act, regardless of
455	455	whether the conduct or act that is the subject of the allegation
456	456	occurred or was committed before, on, or after the effective date of
457	457	this Act.
458	458	SECTION 18. A former or retired judge on a list maintained
459	459	by a presiding judge under Section 74.055(a), Government Code, who
460	460	is ineligible to be named on the list under Section 74.055(c),
461	461	Government Code, as amended by this Act, shall be struck from the
462	462	list on the effective date of this Act and may not be assigned to any
463	463	court on or after the effective date of this Act.
464	464	SECTION 19. This Act takes effect September 1, 2025.