Texas 2025 - 89th Regular

Texas Senate Bill SB1840 Compare Versions

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

Old	New	Differences
1	1	89R13662 BCH-D
2	2	By: Zaffirini S.B. No. 1840
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the disciplinary and investigatory powers of the State
10	10	Commission on Judicial Conduct.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 33.001(a)(10), Government Code, is
13	13	amended to read as follows:
14	14	(10) "Sanction" means an order issued by the
15	15	commission under Section 1-a(8), Article V, Texas Constitution,
16	16	providing for a [private or] public admonition, warning, or
17	17	reprimand or requiring that a person obtain additional training or
18	18	education.
19	19	SECTION 2. Subchapter B, Chapter 33, Government Code, is
20	20	amended by adding Section 33.02115 to read as follows:
21	21	Sec. 33.02115. STATUTE OF LIMITATIONS. (a) Except as
22	22	provided by Subsection (b), the commission may not investigate and
23	23	shall dismiss a complaint filed on or after the 10th anniversary of
24	24	the date:
25	25	(1) the alleged misconduct occurred; or
26	26	(2) the complainant knew, or with the exercise of
27	27	reasonable diligence should have known, of the alleged misconduct.
28	28	(b) The commission may investigate and not dismiss a
29	29	complaint described by Subsection (a) if the commission determines:
30	30	(1) the alleged misconduct is part of a continuing
31	31	course of misconduct or the continuing conduct terminated and the
32	32	complaint was filed before the 10th anniversary of the last date the
33	33	continuing conduct occurred;
34	34	(2) the alleged misconduct is part of a pattern of
35	35	recurring misconduct for which a complaint is filed before the 10th
36	36	anniversary of the date at least one act of the misconduct occurred;
37	37	or
38	38	(3) good cause otherwise exists for investigating the
39	39	complaint.
40	40	SECTION 3. Section 33.0212(b), Government Code, is amended
41	41	to read as follows:
42	42	(b) Not later than the 90th day following the date
43	43	commission staff files with the commission the report required by
44	44	Subsection (a), the commission shall determine any action to be
45	45	taken regarding the complaint, including:
46	46	(1) a public sanction;
47	47	(2) [a private sanction;
48	48	[(3)] a suspension;
49	49	(3) [(4)] an order of education;
50	50	(4) [(5)] an acceptance of resignation in lieu of
51	51	discipline;
52	52	(5) [(6)] a dismissal; or
53	53	(6) [(7)] an initiation of formal proceedings.
54	54	SECTION 4. Section 33.023, Government Code, is amended to
55	55	read as follows:
56	56	Sec. 33.023. SUBSTANCE ABUSE; PHYSICAL OR MENTAL INCAPACITY
57	57	OF JUDGE; SUSPENSION. (a) For each filed complaint alleging
58	58	substance abuse by, or the physical or mental incapacity of, a judge
59	59	and questioning the judge's ability to perform the judge's official
60	60	duties, the commission shall conduct a preliminary investigation of
61	61	the complaint and present the results of the preliminary
62	62	investigation to each member of the commission not later than the
63	63	30th day after the date the complaint is filed.
64	64	(b) If, after reviewing the results of the preliminary
65	65	investigation, the commission determines the judge's alleged
66	66	substance abuse or physical or mental incapacity brings into
67	67	question the judge's ability to perform the judge's official
68	68	duties, the commission shall provide the judge written notice of
69	69	the complaint and subpoena the judge to appear before the
70	70	commission at the commission's next regularly scheduled meeting.
71	71	(c) If, following the judge's appearance before the
72	72	commission at the next regularly scheduled meeting, the commission
73	73	decides to require the judge to submit to a physical or mental
74	74	examination, the commission shall:
75	75	(1) suspend the judge from office with pay for a period
76	76	not to exceed 90 days;
77	77	(2) provide the judge written notice of the
78	78	suspension;
79	79	(3) [In any investigation or proceeding that involves
80	80	the physical or mental incapacity of a judge, the commission may]
81	81	order the judge to submit to a physical or mental examination by one
82	82	or more qualified physicians or a mental examination by one or more
83	83	qualified psychologists selected and paid for by the commission;
84	84	and
85	85	(4) provide [.
86	86	[(b) The commission shall give] the judge written notice of
87	87	the examination not later than 10 days before the date of the
88	88	examination.
89	89	(d) The notice provided under Subsection (c)(4) must
90	90	include the physician's name and the date, time, and place of the
91	91	examination.
92	92	(e) [(c)] Each examining physician shall file a written
93	93	report of the examination with the commission and the report shall
94	94	be received as evidence without further formality. On request of
95	95	the judge or the judge's attorney, the commission shall give the
96	96	judge a copy of the report. The physician's oral or deposition
97	97	testimony concerning the report may be required by the commission
98	98	or by written demand of the judge.
99	99	(f) If, after receiving the written report of an examining
100	100	physician or the physician's deposition testimony concerning the
101	101	report, the commission determines the judge is unable to perform
102	102	the judge's official duties because of substance abuse or physical
103	103	or mental incapacity, the commission shall:
104	104	(1) recommend to the supreme court suspension of the
105	105	judge from office; or
106	106	(2) enter into an indefinite voluntary agreement with
107	107	the judge for suspension of the judge with pay until the commission
108	108	determines the judge is physically and mentally competent to resume
109	109	the judge's official duties.
110	110	(g) [(d)] If a judge refuses to submit to a physical or
111	111	mental examination ordered by the commission under this section,
112	112	the commission may petition a district court for an order
113	113	compelling the judge to submit to the physical or mental
114	114	examination and recommend to the supreme court suspension of the
115	115	judge from office.
116	116	SECTION 5. Section 33.032(d), Government Code, is amended
117	117	to read as follows:
118	118	(d) The disciplinary record of a judge [, including any
119	119	private sanctions,] is admissible in a subsequent proceeding before
120	120	the commission, a special master, a special court of review, or a
121	121	review tribunal.
122	122	SECTION 6. Section 33.033(b), Government Code, is amended
123	123	to read as follows:
124	124	(b) The communication shall inform the complainant that:
125	125	(1) the case has been dismissed;
126	126	(2) an [a private sanction or] order of additional
127	127	education has been issued by the commission;
128	128	(3) a public sanction has been issued by the
129	129	commission;
130	130	(4) formal proceedings have been instituted; or
131	131	(5) a judge has resigned from judicial office in lieu
132	132	of disciplinary action by the commission.
133	133	SECTION 7. (a) Sections 33.001(a)(10), 33.0212(b),
134	134	33.032(d), and 33.033(b), Government Code, as amended by this Act,
135	135	apply only to a sanction issued by the State Commission on Judicial
136	136	Conduct on or after January 1, 2026.
137	137	(b) Section 33.02115, Government Code, as added by this Act,
138	138	and Section 33.023, Government Code, as amended by this Act, apply
139	139	only to a complaint filed with the State Commission on Judicial
140	140	Conduct on or after September 1, 2025.
141	141	SECTION 8. (a) Except as provided by Subsection (b) of this
142	142	section, this Act takes effect September 1, 2025.
143	143	(b) Sections 33.001(a)(10), 33.0212(b), 33.032(d), and
144	144	33.033(b), Government Code, as amended by this Act, take effect
145	145	January 1, 2026, but only if the constitutional amendment proposed
146	146	by the 89th Legislature, Regular Session, 2025, regarding the
147	147	disciplinary powers of the State Commission on Judicial Conduct is
148	148	approved by the voters. If that amendment is not approved by the
149	149	voters, those sections have no effect.