Texas 2025 - 89th Regular

Texas House Bill HB797 Compare Versions

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

Old	New	Differences
1	1	89R3080 TSS-F
2	2	By: Leach H.B. No. 797
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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 and notice to the legislature of certain
11	11	reprimands.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 33.001(b), Government Code, is amended
14	14	to read as follows:
15	15	(b) For purposes of Section 1-a, Article V, Texas
16	16	Constitution, "wilful or persistent conduct that is clearly
17	17	inconsistent with the proper performance of a judge's duties"
18	18	includes:
19	19	(1) wilful, persistent, and unjustifiable failure to
20	20	timely execute the business of the court, considering the quantity
21	21	and complexity of the business;
22	22	(2) wilful violation of a provision of the Texas penal
23	23	statutes or the Code of Judicial Conduct;
24	24	(3) persistent or wilful violation of the rules
25	25	promulgated by the supreme court;
26	26	(4) incompetence in the performance of the duties of
27	27	the office;
28	28	(5) failure to cooperate with the commission; [or]
29	29	(6) violation of any provision of a voluntary
30	30	agreement to resign from judicial office in lieu of disciplinary
31	31	action by the commission; or
32	32	(7) persistent or wilful violation of Article 17.15,
33	33	Code of Criminal Procedure.
34	34	SECTION 2. Section 33.0212, Government Code, is amended to
35	35	read as follows:
36	36	Sec. 33.0212. REPORT AND RECOMMENDATIONS ON FILED
37	37	COMPLAINTS. (a) As soon as practicable after a complaint is filed
38	38	with the commission, commission staff shall conduct a preliminary
39	39	investigation of the filed complaint and draft recommendations for
40	40	commission action.
41	41	(a-1) On completion of the preliminary investigation and
42	42	submission of recommendations under Subsection (a), commission
43	43	staff shall provide to the judge who is the subject of the complaint
44	44	written notice of:
45	45	(1) the complaint, the results of the preliminary
46	46	investigation, and the commission staff's recommendations for
47	47	commission action regarding the complaint; and
48	48	(2) the judge's right to attend each commission
49	49	meeting at which the complaint is included in the report filed with
50	50	the commission members under Subsection (a-2).
51	51	(a-2) Not later than the 10th business day before a
52	52	scheduled commission meeting [120th day after the date a complaint
53	53	is filed with the commission], commission staff shall prepare and
54	54	file with each member of the commission a report detailing:
55	55	(1) each complaint for which a preliminary
56	56	investigation has been conducted under Subsection (a) but for which
57	57	the investigation report has not been finalized under Subsection
58	58	(b);
59	59	(2) the results of the preliminary investigation of
60	60	the complaint; and
61	61	(3) the commission staff's recommendations for
62	62	commission action regarding the complaint.
63	63	(b) Not later than the 120th [90th] day following the date
64	64	of the first commission meeting at which a complaint is included in
65	65	the report filed with the commission under Subsection (a-2) [staff
66	66	files with the commission the report required by Subsection (a)],
67	67	the commission shall finalize the investigation report and
68	68	determine any action to be taken regarding the complaint,
69	69	including:
70	70	(1) a public sanction;
71	71	(2) a private sanction;
72	72	(3) a suspension;
73	73	(4) an order of education;
74	74	(5) an acceptance of resignation in lieu of
75	75	discipline;
76	76	(6) a dismissal; or
77	77	(7) an initiation of formal proceedings.
78	78	(b-1) After the commission meeting at which an
79	79	investigation report is finalized and an action is determined under
80	80	Subsection (b), the commission shall provide to the judge who is the
81	81	subject of a complaint:
82	82	(1) written notice of the action to be taken regarding
83	83	the complaint not more than five business days after the commission
84	84	meeting; and
85	85	(2) as the commission determines appropriate,
86	86	published notice of the action to be taken by posting the notice on
87	87	the commission's Internet website not more than seven business days
88	88	after the commission meeting.
89	89	(c) If, because of extenuating circumstances, the
90	90	commission [staff] is unable to finalize an investigation report
91	91	and determine the action to be taken regarding a complaint under
92	92	Subsection (b) [provide an investigation report and recommendation
93	93	to the commission] before the 120th day following the date of the
94	94	first [the complaint was filed with the] commission meeting at
95	95	which a complaint is included in the report filed with the
96	96	commission under Subsection (a-2), the commission may order an
97	97	extension [the staff shall notify the commission and propose the
98	98	number of days required for the commission and commission staff to
99	99	complete the investigation report and recommendations and finalize
100	100	the complaint. The staff may request an extension] of not more
101	101	than 240 [270] days from the date of the first [the complaint was
102	102	filed with the] commission meeting at which a complaint is included
103	103	in the report filed with the commission under Subsection
104	104	(a-2). [The commission shall finalize the complaint not later than
105	105	the 270th day following the date the complaint was filed with the
106	106	commission.]
107	107	(d) [The executive director may request that the
108	108	chairperson grant an additional 120 days to the time provided under
109	109	Subsection (c) for the commission and commission staff to complete
110	110	the investigation report and recommendations and finalize the
111	111	complaint.
112	112	[(e)] If the commission orders an extension of time under
113	113	Subsection (c) [chairperson grants additional time under
114	114	Subsection (d)], the commission must timely inform the legislature
115	115	of the extension. The commission may not disclose to the
116	116	legislature any confidential information regarding the complaint.
117	117	SECTION 3. Section 33.0213, Government Code, is amended to
118	118	read as follows:
119	119	Sec. 33.0213. NOTIFICATION OF LAW ENFORCEMENT AGENCY
120	120	INVESTIGATION. On notice by any law enforcement agency
121	121	investigating an action for which a complaint has been filed with
122	122	the commission, the commission:
123	123	(1) may place the commission's complaint file on hold
124	124	and decline any further investigation that would jeopardize the law
125	125	enforcement agency's investigation; or
126	126	(2) shall [. The commission may] continue an
127	127	investigation that would not jeopardize a law enforcement
128	128	investigation regarding the conduct subject to the complaint and
129	129	may issue a censure or sanction based on the complaint.
130	130	SECTION 4. Section 33.034, Government Code, is amended by
131	131	amending Subsection (a) and adding Subsection (j) to read as
132	132	follows:
133	133	(a) A judge who receives from the commission a sanction or
134	134	censure issued by the commission under Section 1-a(8), Article V,
135	135	Texas Constitution, may request [or any other type of sanction is
136	136	entitled to] a review of the commission's decision as provided by
137	137	this section. This section does not apply to a decision by the
138	138	commission to institute formal proceedings.
139	139	(j) If the commission issues a public reprimand of a judge
140	140	based on the judge's persistent or wilful violation of Article
141	141	17.15, Code of Criminal Procedure, the commission shall send notice
142	142	of the reprimand to:
143	143	(1) the governor;
144	144	(2) the lieutenant governor;
145	145	(3) the speaker of the house of representatives;
146	146	(4) the presiding officers of each legislative
147	147	standing committee with jurisdiction over the judiciary;
148	148	(5) the chief justice of the supreme court;
149	149	(6) the Office of Court Administration of the Texas
150	150	Judicial System; and
151	151	(7) the presiding judge of the administrative judicial
152	152	region in which the court the reprimanded judge serves is located.
153	153	SECTION 5. Section 33.037, Government Code, is amended to
154	154	read as follows:
155	155	Sec. 33.037. SUSPENSION FROM OFFICE [PENDING APPEAL]. (a)
156	156	If a judge who is convicted of a felony or a misdemeanor involving
157	157	official misconduct appeals the conviction, the commission shall
158	158	suspend the judge from office without pay pending final disposition
159	159	of the appeal.
160	160	(b) Not later than the 21st day after the date the
161	161	commission initiates formal proceedings against a judge based on
162	162	the judge's persistent or wilful violation of Article 17.15, Code
163	163	of Criminal Procedure, the commission shall recommend to the
164	164	supreme court that the judge be suspended from office pursuant to
165	165	Section 1-a, Article V, Texas Constitution.
166	166	SECTION 6. Section 74.055(c), Government Code, is amended
167	167	to read as follows:
168	168	(c) To be eligible to be named on the list, a retired or
169	169	former judge must:
170	170	(1) have served as an active judge for at least 96
171	171	months in a district, statutory probate, statutory county, or
172	172	appellate court;
173	173	(2) have developed substantial experience in the
174	174	judge's area of specialty;
175	175	(3) not have been removed from office;
176	176	(4) certify under oath to the presiding judge, on a
177	177	form prescribed by the state board of regional judges, that:
178	178	(A) the judge has never been publicly reprimanded
179	179	or censured by the State Commission on Judicial Conduct, excluding
180	180	any reprimand or censure reviewed and rescinded by a special court
181	181	of review under Section 33.034;
182	182	(B) the judge has not received more than one of
183	183	any other type of public sanction, excluding any sanction reviewed
184	184	and rescinded by a special court of review under Section 33.034; and
185	185	(C) [(B)] the judge:
186	186	(i) did not resign or retire from office
187	187	after the State Commission on Judicial Conduct notified the judge
188	188	of the commencement of a full investigation into an allegation or
189	189	appearance of misconduct or disability of the judge as provided in
190	190	Section 33.022 and before the final disposition of that
191	191	investigation; or
192	192	(ii) if the judge did resign from office
193	193	under circumstances described by Subparagraph (i), was not publicly
194	194	reprimanded or censured as a result of the investigation;
195	195	(5) annually demonstrate that the judge has completed
196	196	in the past state fiscal year the educational requirements for
197	197	active district, statutory probate, and statutory county court
198	198	judges; and
199	199	(6) certify to the presiding judge a willingness not
200	200	to appear and plead as an attorney in any court in this state for a
201	201	period of two years.
202	202	SECTION 7. Section 665.052(b), Government Code, is amended
203	203	to read as follows:
204	204	(b) In this section, "incompetency" means:
205	205	(1) gross ignorance of official duties;
206	206	(2) gross carelessness in the discharge of official
207	207	duties; [or]
208	208	(3) inability or unfitness to discharge promptly and
209	209	properly official duties because of a serious physical or mental
210	210	defect that did not exist at the time of the officer's election; or
211	211	(4) persistent or wilful violation of Article 17.15,
212	212	Code of Criminal Procedure.
213	213	SECTION 8. As soon as practicable after the effective date
214	214	of this Act, the State Commission on Judicial Conduct shall adopt
215	215	rules to implement Section 33.001(b), Government Code, as amended
216	216	by this Act.
217	217	SECTION 9. Sections 33.001(b) and 665.052(b), Government
218	218	Code, as amended by this Act, apply only to an allegation of
219	219	judicial misconduct received by the State Commission on Judicial
220	220	Conduct on or after the effective date of this Act, regardless of
221	221	whether the conduct or act that is the subject of the allegation
222	222	occurred or was committed before, on, or after the effective date of
223	223	this Act.
224	224	SECTION 10. A former or retired judge on a list maintained
225	225	by a presiding judge under Section 74.055(a), Government Code, who
226	226	is ineligible to be named on the list under Section 74.055(c),
227	227	Government Code, as amended by this Act, shall be struck from the
228	228	list on the effective date of this Act and may not be assigned to any
229	229	court on or after the effective date of this Act.
230	230	SECTION 11. This Act takes effect September 1, 2025.