SB1840 - Relating to the disciplinary and investigatory powers of the State Commission on Judicial Conduct.

  89R13662 BCH-D     By: Zaffirini S.B. No. 1840       A BILL TO BE ENTITLED   AN ACT   relating to the disciplinary and investigatory powers of the State   Commission on Judicial Conduct.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 33.001(a)(10), Government Code, is   amended to read as follows:                (10)  "Sanction" means an order issued by the   commission under Section 1-a(8), Article V, Texas Constitution,   providing for a [ private or ] public admonition, warning, or   reprimand or requiring that a person obtain additional training or   education.          SECTION 2.  Subchapter B, Chapter 33, Government Code, is   amended by adding Section 33.02115 to read as follows:           Sec.   33.02115.     STATUTE OF LIMITATIONS. (a)   Except as   provided by Subsection (b), the commission may not investigate and   shall dismiss a complaint filed on or after the 10th anniversary of   the date:                 (1)  the alleged misconduct occurred; or                 (2)     the complainant knew, or with the exercise of   reasonable diligence should have known, of the alleged misconduct.           (b)     The commission may investigate and not dismiss a   complaint described by Subsection (a) if the commission determines:                 (1)     the alleged misconduct is part of a continuing   course of misconduct or the continuing conduct terminated and the   complaint was filed before the 10th anniversary of the last date the   continuing conduct occurred;                 (2)     the alleged misconduct is part of a pattern of   recurring misconduct for which a complaint is filed before the 10th   anniversary of the date at least one act of the misconduct occurred;   or                 (3)     good cause otherwise exists for investigating the   complaint.          SECTION 3.  Section 33.0212(b), Government Code, is amended   to read as follows:          (b)  Not later than the 90th day following the date   commission staff files with the commission the report required by   Subsection (a), the commission shall determine any action to be   taken regarding the complaint, including:                (1)  a public sanction;                (2)  [ a private sanction;                [ (3) ]  a suspension;                 (3)  [ (4) ]  an order of education;                 (4)  [ (5) ]  an acceptance of resignation in lieu of   discipline;                 (5)  [ (6) ]  a dismissal; or                 (6)  [ (7) ]  an initiation of formal proceedings.          SECTION 4.  Section 33.023, Government Code, is amended to   read as follows:          Sec. 33.023.   SUBSTANCE ABUSE; PHYSICAL OR MENTAL INCAPACITY   OF JUDGE ; SUSPENSION .  (a)   For each filed complaint alleging   substance abuse by, or the physical or mental incapacity of, a judge   and questioning the judge's ability to perform the judge's official   duties, the commission shall conduct a preliminary investigation of   the complaint and present the results of the preliminary   investigation to each member of the commission not later than the   30th day after the date the complaint is filed.           (b)     If, after reviewing the results of the preliminary   investigation, the commission determines the judge's alleged   substance abuse or physical or mental incapacity brings into   question the judge's ability to perform the judge's official   duties, the commission shall provide the judge written notice of   the complaint and subpoena the judge to appear before the   commission at the commission's next regularly scheduled meeting.           (c)     If, following the judge's appearance before the   commission at the next regularly scheduled meeting, the commission   decides to require the judge to submit to a physical or mental   examination, the commission shall:                 (1)     suspend the judge from office with pay for a period   not to exceed 90 days;                 (2)     provide the judge written notice of the   suspension;                 (3)   [ In any investigation or proceeding that involves   the physical or mental incapacity of a judge, the commission may ]   order the judge to submit to a physical or mental examination by one   or more qualified physicians or a mental examination by one or more   qualified psychologists selected and paid for by the commission ;   and                 (4)  provide [ .          [ (b)  The commission shall give ] the judge written notice of   the examination not later than 10 days before the date of the   examination.           (d)   The notice provided under Subsection (c)(4) must   include the physician's name and the date, time, and place of the   examination.           (e)  [ (c) ]  Each examining physician shall file a written   report of the examination with the commission and the report shall   be received as evidence without further formality.  On request of   the judge or the judge's attorney, the commission shall give the   judge a copy of the report.  The physician's oral or deposition   testimony concerning the report may be required by the commission   or by written demand of the judge.           (f)     If, after receiving the written report of an examining   physician or the physician's deposition testimony concerning the   report, the commission determines the judge is unable to perform   the judge's official duties because of substance abuse or physical   or mental incapacity, the commission shall:                 (1)     recommend to the supreme court suspension of the   judge from office; or                 (2)     enter into an indefinite voluntary agreement with   the judge for suspension of the judge with pay until the commission   determines the judge is physically and mentally competent to resume   the judge's official duties.           (g)  [ (d) ]  If a judge refuses to submit to a physical or   mental examination ordered by the commission under this section,   the commission may petition a district court for an order   compelling the judge to submit to the physical or mental   examination and recommend to the supreme court suspension of the   judge from office .          SECTION 5.  Section 33.032(d), Government Code, is amended   to read as follows:          (d)  The disciplinary record of a judge [ , including any   private sanctions, ] is admissible in a subsequent proceeding before   the commission, a special master, a special court of review, or a   review tribunal.          SECTION 6.  Section 33.033(b), Government Code, is amended   to read as follows:          (b)  The communication shall inform the complainant that:                (1)  the case has been dismissed;                (2)   an [ a private sanction or ] order of additional   education has been issued by the commission;                (3)  a public sanction has been issued by the   commission;                (4)  formal proceedings have been instituted; or                (5)  a judge has resigned from judicial office in lieu   of disciplinary action by the commission.          SECTION 7.  (a)  Sections 33.001(a)(10), 33.0212(b),   33.032(d), and 33.033(b), Government Code, as amended by this Act,   apply only to a sanction issued by the State Commission on Judicial   Conduct on or after January 1, 2026.          (b)  Section 33.02115, Government Code, as added by this Act,   and Section 33.023, Government Code, as amended by this Act, apply   only to a complaint filed with the State Commission on Judicial   Conduct on or after September 1, 2025.          SECTION 8.  (a)  Except as provided by Subsection (b) of this   section, this Act takes effect September 1, 2025.          (b)  Sections 33.001(a)(10), 33.0212(b), 33.032(d), and   33.033(b), Government Code, as amended by this Act, take effect   January 1, 2026, but only if the constitutional amendment proposed   by the 89th Legislature, Regular Session, 2025, regarding the   disciplinary powers of the State Commission on Judicial Conduct is   approved by the voters. If that amendment is not approved by the   voters, those sections have no effect.