Bill Text: TX HB4344 | 2021-2022 | 87th Legislature | Enrolled
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-Enrolled.html
| H.B. No. 4344 | ||
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| 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 4344 was passed by the House on April | ||
| 27, 2021, by the following vote: Yeas 147, Nays 0, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 4344 on May 28, 2021, by the following vote: Yeas 147, Nays 0, | ||
| 1 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 4344 was passed by the Senate, with | ||
| amendments, on May 25, 2021, by the following vote: Yeas 31, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
