89R13662 BCH-D
By: Zaffirini S.B. No. 1840
A BILL TO BE ENTITLED
AN ACT
relating to the disciplinary and investigatory powers of the State
Commission on Judicial Conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.001(a)(10), Government Code, is
amended to read as follows:
(10) "Sanction" means an order issued by the
commission under Section 1-a(8), Article V, Texas Constitution,
providing for a [private or] public admonition, warning, or
reprimand or requiring that a person obtain additional training or
education.
SECTION 2. Subchapter B, Chapter 33, Government Code, is
amended by adding Section 33.02115 to read as follows:
Sec. 33.02115. STATUTE OF LIMITATIONS. (a) Except as
provided by Subsection (b), the commission may not investigate and
shall dismiss a complaint filed on or after the 10th anniversary of
the date:
(1) the alleged misconduct occurred; or
(2) the complainant knew, or with the exercise of
reasonable diligence should have known, of the alleged misconduct.
(b) The commission may investigate and not dismiss a
complaint described by Subsection (a) if the commission determines:
(1) the alleged misconduct is part of a continuing
course of misconduct or the continuing conduct terminated and the
complaint was filed before the 10th anniversary of the last date the
continuing conduct occurred;
(2) the alleged misconduct is part of a pattern of
recurring misconduct for which a complaint is filed before the 10th
anniversary of the date at least one act of the misconduct occurred;
or
(3) good cause otherwise exists for investigating the
complaint.
SECTION 3. Section 33.0212(b), Government Code, is amended
to read as follows:
(b) Not later than the 90th day following the date
commission staff files with the commission the report required by
Subsection (a), the commission shall determine any action to be
taken regarding the complaint, including:
(1) a public sanction;
(2) [a private sanction;
[(3)] a suspension;
(3) [(4)] an order of education;
(4) [(5)] an acceptance of resignation in lieu of
discipline;
(5) [(6)] a dismissal; or
(6) [(7)] an initiation of formal proceedings.
SECTION 4. Section 33.023, Government Code, is amended to
read as follows:
Sec. 33.023. SUBSTANCE ABUSE; PHYSICAL OR MENTAL INCAPACITY
OF JUDGE; SUSPENSION. (a) For each filed complaint alleging
substance abuse by, or the physical or mental incapacity of, a judge
and questioning the judge's ability to perform the judge's official
duties, the commission shall conduct a preliminary investigation of
the complaint and present the results of the preliminary
investigation to each member of the commission not later than the
30th day after the date the complaint is filed.
(b) If, after reviewing the results of the preliminary
investigation, the commission determines the judge's alleged
substance abuse or physical or mental incapacity brings into
question the judge's ability to perform the judge's official
duties, the commission shall provide the judge written notice of
the complaint and subpoena the judge to appear before the
commission at the commission's next regularly scheduled meeting.
(c) If, following the judge's appearance before the
commission at the next regularly scheduled meeting, the commission
decides to require the judge to submit to a physical or mental
examination, the commission shall:
(1) suspend the judge from office with pay for a period
not to exceed 90 days;
(2) provide the judge written notice of the
suspension;
(3) [In any investigation or proceeding that involves
the physical or mental incapacity of a judge, the commission may]
order the judge to submit to a physical or mental examination by one
or more qualified physicians or a mental examination by one or more
qualified psychologists selected and paid for by the commission;
and
(4) provide [.
[(b) The commission shall give] the judge written notice of
the examination not later than 10 days before the date of the
examination.
(d) The notice provided under Subsection (c)(4) must
include the physician's name and the date, time, and place of the
examination.
(e) [(c)] Each examining physician shall file a written
report of the examination with the commission and the report shall
be received as evidence without further formality. On request of
the judge or the judge's attorney, the commission shall give the
judge a copy of the report. The physician's oral or deposition
testimony concerning the report may be required by the commission
or by written demand of the judge.
(f) If, after receiving the written report of an examining
physician or the physician's deposition testimony concerning the
report, the commission determines the judge is unable to perform
the judge's official duties because of substance abuse or physical
or mental incapacity, the commission shall:
(1) recommend to the supreme court suspension of the
judge from office; or
(2) enter into an indefinite voluntary agreement with
the judge for suspension of the judge with pay until the commission
determines the judge is physically and mentally competent to resume
the judge's official duties.
(g) [(d)] If a judge refuses to submit to a physical or
mental examination ordered by the commission under this section,
the commission may petition a district court for an order
compelling the judge to submit to the physical or mental
examination and recommend to the supreme court suspension of the
judge from office.
SECTION 5. Section 33.032(d), Government Code, is amended
to read as follows:
(d) The disciplinary record of a judge [, including any
private sanctions,] is admissible in a subsequent proceeding before
the commission, a special master, a special court of review, or a
review tribunal.
SECTION 6. Section 33.033(b), Government Code, is amended
to read as follows:
(b) The communication shall inform the complainant that:
(1) the case has been dismissed;
(2) an [a private sanction or] order of additional
education has been issued by the commission;
(3) a public sanction has been issued by the
commission;
(4) formal proceedings have been instituted; or
(5) a judge has resigned from judicial office in lieu
of disciplinary action by the commission.
SECTION 7. (a) Sections 33.001(a)(10), 33.0212(b),
33.032(d), and 33.033(b), Government Code, as amended by this Act,
apply only to a sanction issued by the State Commission on Judicial
Conduct on or after January 1, 2026.
(b) Section 33.02115, Government Code, as added by this Act,
and Section 33.023, Government Code, as amended by this Act, apply
only to a complaint filed with the State Commission on Judicial
Conduct on or after September 1, 2025.
SECTION 8. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2025.
(b) Sections 33.001(a)(10), 33.0212(b), 33.032(d), and
33.033(b), Government Code, as amended by this Act, take effect
January 1, 2026, but only if the constitutional amendment proposed
by the 89th Legislature, Regular Session, 2025, regarding the
disciplinary powers of the State Commission on Judicial Conduct is
approved by the voters. If that amendment is not approved by the
voters, those sections have no effect.