Bill Text: TX HB4344 | 2021-2022 | 87th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a complaint filed with the State Commission on Judicial Conduct.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-06-15 - Effective on . . . . . . . . . . . . . . . September 1, 2022 [HB4344 Detail]

Download: Texas-2021-HB4344-Comm_Sub.html
 
 
  By: Jetton (Senate Sponsor - Zaffirini) H.B. No. 4344
         (In the Senate - Received from the House April 27, 2021;
  May 4, 2021, read first time and referred to Committee on
  Jurisprudence; May 24, 2021, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 5, Nays 0;
  May 24, 2021, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 4344 By:  Hinojosa
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a complaint filed with the State Commission on Judicial
  Conduct.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 33.0211, Government Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  For each complaint filed with the commission under this
  chapter, each member of the commission must be:
               (1)  notified of the complaint; and
               (2)  briefed and provided detailed information about
  the complaint.
         SECTION 2.  Subchapter B, Chapter 33, Government Code, is
  amended by adding Sections 33.0212, 33.0213, 33.040, and 33.041 to
  read as follows:
         Sec. 33.0212.  REPORT AND RECOMMENDATIONS ON FILED
  COMPLAINTS. (a) Not later than the 120th day after the date a
  complaint is filed with the commission, commission staff shall
  prepare and file with each member of the commission a report
  detailing the investigation of the complaint and recommendations
  for commission action regarding the complaint.
         (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;
               (4)  an order of education;
               (5)  an acceptance of resignation in lieu of
  discipline;
               (6)  a dismissal; or
               (7)  an initiation of formal proceedings.
         (c)  If, because of extenuating circumstances, commission
  staff is unable to provide an investigation report and
  recommendation to the commission before the 120th day following the
  date the complaint was filed with the commission, the staff shall
  notify the commission and propose the number of days required for
  the commission and commission staff to complete the investigation
  report and recommendations and finalize the complaint. The staff
  may request an extension of not more than 270 days from the date the
  complaint was filed with the commission. The commission shall
  finalize the complaint not later than the 270th day following the
  date the complaint was filed with the commission.
         (d)  The executive director may request that the chairperson
  grant an additional 120 days to the time provided under Subsection
  (c) for the commission and commission staff to complete the
  investigation report and recommendations and finalize the
  complaint.
         (e)  If the chairperson grants additional time under
  Subsection (d), the commission must timely inform the legislature
  of the extension. The commission may not disclose to the
  legislature any confidential information regarding the complaint.
         Sec. 33.0213.  NOTIFICATION OF LAW ENFORCEMENT AGENCY
  INVESTIGATION. On notice by any law enforcement agency
  investigating an action for which a complaint has been filed with
  the commission, the commission may place the commission's complaint
  file on hold and decline any further investigation that would
  jeopardize the law enforcement agency's investigation. The
  commission may continue an investigation that would not jeopardize
  a law enforcement investigation.
         Sec. 33.040.  ANNUAL REPORT. Not later than September 1 of
  each year, the commission shall prepare and submit to the
  legislature a report of:
               (1)  the total number of complaints the commission
  failed to finalize not later than the 270th day following the date
  the complaint was filed with the commission; and
               (2)  the total number of complaints included in
  Subdivision (1) that the commission declined to further
  investigate because of a law enforcement agency investigation.
         Sec. 33.041.  LEGISLATIVE REPORT. (a)  The commission shall
  prepare a report for the 88th Legislature regarding any statutory
  changes that would improve the commission's effectiveness,
  efficiency, and transparency in filing, investigating, and
  processing any complaint filed with the commission.
         (b)  This section expires September 1, 2023.
         SECTION 3.  Section 33.0212, Government Code, as added by
  this Act, applies only to a complaint filed with the State
  Commission on Judicial Conduct on or after the effective date of
  this Act.
         SECTION 4.  This Act takes effect September 1, 2022.
 
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