| 1 | 1 | | 89R1215 TSS-D |
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| 2 | 2 | | By: Zaffirini S.J.R. No. 64 |
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| 4 | 4 | | |
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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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