Bill Text: TX SB467 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the procedures of the State Commission on Judicial Conduct.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2019-05-27 - Vetoed by the Governor [SB467 Detail]
Download: Texas-2019-SB467-Enrolled.html
S.B. No. 467 |
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relating to the procedures of the State Commission on Judicial | ||
Conduct. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 33.005(b), Government Code, is amended | ||
to read as follows: | ||
(b) The report must include: | ||
(1) an explanation of the role of the commission; | ||
(2) annual statistical information for the preceding | ||
fiscal year, including: | ||
(A) the number of complaints received by the | ||
commission alleging judicial misconduct or disability; | ||
(B) the number of complaints dismissed without | ||
commission action other than investigation because the evidence did | ||
not support the allegation or appearance of judicial misconduct or | ||
disability; | ||
(C) the number of complaints dismissed without | ||
commission action other than investigation because the facts | ||
alleged did not constitute judicial misconduct or disability; | ||
(D) the number of complaints dismissed without | ||
commission action other than investigation because the allegation | ||
or appearance of judicial misconduct or disability was determined | ||
to be unfounded or frivolous; | ||
(E) the number of complaints pending with the | ||
commission for a year or more for which the commission has not | ||
issued a tentative decision; | ||
(F) the number of complaints referred to law | ||
enforcement; | ||
(G) the number of each type of judicial | ||
misconduct or disability that resulted in sanction or censure of a | ||
judge; and | ||
(H) [ |
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(3) an explanation of the commission's processes; and | ||
(4) changes the commission considers necessary in its | ||
rules or the applicable statutes or constitutional provisions. | ||
SECTION 2. Section 33.0211(b), Government Code, is amended | ||
to read as follows: | ||
(b) The commission, [ |
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disposition of the complaint, shall notify the person filing the | ||
complaint of any change in the status of the complaint | ||
investigation unless the notice would jeopardize an undercover | ||
investigation. | ||
SECTION 3. Subchapter B, Chapter 33, Government Code, is | ||
amended by adding Sections 33.02114, 33.02115, and 33.02116 to read | ||
as follows: | ||
Sec. 33.02114. COMPLAINT INFORMATION ON COMMISSION | ||
WEBSITE. (a) The commission shall maintain on the commission's | ||
Internet website information written in plain language on: | ||
(1) the steps for filing a complaint with the | ||
commission; | ||
(2) the complaint process, including a clear and | ||
concise description of the process from filing to disposition; | ||
(3) confidentiality, including a statement that a | ||
complainant is not required to maintain confidentiality of the | ||
complaint filed by the complainant; and | ||
(4) each complaint resulting in the imposition of a | ||
public sanction. | ||
(b) The commission may not include on the commission's | ||
Internet website any confidential complaint information. | ||
Sec. 33.02115. SANCTION GUIDELINES. The commission shall | ||
establish guidelines for the imposition of a sanction to ensure | ||
each sanction imposed is proportional to the judicial misconduct. | ||
Sec. 33.02116. COMPLAINT SCHEDULE. The commission shall | ||
establish a schedule outlining times for commission action on a | ||
complaint. The schedule must allow the executive director to | ||
approve an extension of time for complaint disposition due to | ||
extenuating circumstances, including a need for further | ||
investigation. | ||
SECTION 4. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 467 passed the Senate on | ||
March 19, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 467 passed the House on | ||
May 14, 2019, by the following vote: Yeas 138, Nays 0, | ||
two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |