| 1 | 1 | | 89R374 TSS-D |
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| 2 | 2 | | By: West S.B. No. 221 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the disciplinary power of the State Commission on |
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| 10 | 10 | | Judicial Conduct to issue private reprimands. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 33.001(a)(10), Government Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (10) "Sanction" means an order issued by the |
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| 15 | 15 | | commission under Section 1-a(8), Article V, Texas Constitution, |
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| 16 | 16 | | providing for a [private or] public admonition, warning, or |
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| 17 | 17 | | reprimand or requiring that a person obtain additional training or |
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| 18 | 18 | | education. |
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| 19 | 19 | | SECTION 2. Section 33.0212(b), Government Code, is amended |
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| 20 | 20 | | to read as follows: |
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| 21 | 21 | | (b) Not later than the 90th day following the date |
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| 22 | 22 | | commission staff files with the commission the report required by |
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| 23 | 23 | | Subsection (a), the commission shall determine any action to be |
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| 24 | 24 | | taken regarding the complaint, including: |
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| 25 | 25 | | (1) a public sanction; |
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| 26 | 26 | | (2) [a private sanction; |
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| 27 | 27 | | [(3)] a suspension; |
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| 28 | 28 | | (3) [(4)] an order of education; |
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| 29 | 29 | | (4) [(5)] an acceptance of resignation in lieu of |
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| 30 | 30 | | discipline; |
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| 31 | 31 | | (5) [(6)] a dismissal; or |
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| 32 | 32 | | (6) [(7)] an initiation of formal proceedings. |
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| 33 | 33 | | SECTION 3. Section 33.032(d), Government Code, is amended |
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| 34 | 34 | | to read as follows: |
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| 35 | 35 | | (d) The disciplinary record of a judge [, including any |
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| 36 | 36 | | private sanctions,] is admissible in a subsequent proceeding before |
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| 37 | 37 | | the commission, a special master, a special court of review, or a |
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| 38 | 38 | | review tribunal. |
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| 39 | 39 | | SECTION 4. Section 33.033(b), Government Code, is amended |
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| 40 | 40 | | to read as follows: |
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| 41 | 41 | | (b) The communication shall inform the complainant that: |
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| 42 | 42 | | (1) the case has been dismissed; |
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| 43 | 43 | | (2) an [a private sanction or] order of additional |
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| 44 | 44 | | education has been issued by the commission; |
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| 45 | 45 | | (3) a public sanction has been issued by the |
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| 46 | 46 | | commission; |
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| 47 | 47 | | (4) formal proceedings have been instituted; or |
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| 48 | 48 | | (5) a judge has resigned from judicial office in lieu |
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| 49 | 49 | | of disciplinary action by the commission. |
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| 50 | 50 | | SECTION 5. The changes in law made by this Act apply only to |
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| 51 | 51 | | a sanction issued by the State Commission on Judicial Conduct on or |
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| 52 | 52 | | after the effective date of this Act. |
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| 53 | 53 | | SECTION 6. This Act takes effect January 1, 2026, but only |
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| 54 | 54 | | if the constitutional amendment proposed by the 89th Legislature, |
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| 55 | 55 | | Regular Session, 2025, regarding the disciplinary powers of the |
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| 56 | 56 | | State Commission on Judicial Conduct is approved by the voters. If |
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| 57 | 57 | | that amendment is not approved by the voters, this Act has no |
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| 58 | 58 | | effect. |
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