1 | 1 | | 89R1215 TSS-D |
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2 | 2 | | By: West S.J.R. No. 13 |
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7 | 7 | | A JOINT RESOLUTION |
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8 | 8 | | proposing a constitutional amendment regarding the disciplinary |
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9 | 9 | | powers of the State Commission on Judicial Conduct. |
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10 | 10 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 1-a(8), Article V, Texas Constitution, |
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12 | 12 | | is amended to read as follows: |
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13 | 13 | | (8) After such investigation as it deems necessary, |
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14 | 14 | | the Commission may in its discretion issue a [private or] public |
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15 | 15 | | admonition, warning, reprimand, or requirement that the person |
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16 | 16 | | obtain additional training or education, or if the Commission |
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17 | 17 | | determines that the situation merits such action, it may institute |
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18 | 18 | | formal proceedings and order a formal hearing to be held before it |
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19 | 19 | | concerning a person holding an office or position specified in |
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20 | 20 | | Subsection (6) of this Section, or it may in its discretion request |
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21 | 21 | | the Supreme Court to appoint an active or retired District Judge or |
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22 | 22 | | Justice of a Court of Appeals, or retired Judge or Justice of the |
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23 | 23 | | Court of Criminal Appeals or the Supreme Court, as a Master to hear |
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24 | 24 | | and take evidence in the matter, and to report thereon to the |
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25 | 25 | | Commission. The Master shall have all the power of a District |
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26 | 26 | | Judge in the enforcement of orders pertaining to witnesses, |
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27 | 27 | | evidence, and procedure. If, after formal hearing, or after |
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28 | 28 | | considering the record and report of a Master, the Commission finds |
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29 | 29 | | good cause therefor, it shall issue an order of public admonition, |
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30 | 30 | | warning, reprimand, censure, or requirement that the person holding |
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31 | 31 | | an office or position specified in Subsection (6) of this Section |
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32 | 32 | | obtain additional training or education, or it shall recommend to a |
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33 | 33 | | review tribunal the removal or retirement, as the case may be, of |
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34 | 34 | | the person and shall thereupon file with the tribunal the entire |
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35 | 35 | | record before the Commission. |
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36 | 36 | | SECTION 2. The following temporary provision is added to |
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37 | 37 | | the Texas Constitution: |
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38 | 38 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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39 | 39 | | to the constitutional amendment proposed by the 89th Legislature, |
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40 | 40 | | Regular Session, 2025, regarding the disciplinary powers of the |
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41 | 41 | | State Commission on Judicial Conduct. |
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42 | 42 | | (b) The amendment to Section 1-a(8), Article V, of this |
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43 | 43 | | constitution takes effect January 1, 2026. |
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44 | 44 | | (c) This temporary provision expires January 1, 2028. |
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45 | 45 | | SECTION 3. This proposed constitutional amendment shall be |
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46 | 46 | | submitted to the voters at an election to be held November 4, 2025. |
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47 | 47 | | The ballot shall be printed to permit voting for or against the |
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48 | 48 | | proposition: "The constitutional amendment regarding the |
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49 | 49 | | disciplinary powers of the State Commission on Judicial Conduct." |
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