HB1761 - Relating to the discipline of judges by the State Commission on Judicial Conduct, notice of certain reprimands, judicial compensation and related retirement benefits, and the reporting of certain judicial transparency information; authorizing an administrative penalty.

  89R25565 AMF/JCG-F     By: Leach H.B. No. 1761     Substitute the following for H.B. No. 1761:     By:  Schofield C.S.H.B. No. 1761       A BILL TO BE ENTITLED   AN ACT   relating to the discipline of judges by the State Commission on   Judicial Conduct, notice of certain reprimands, judicial   compensation and related retirement benefits, and the reporting of   certain judicial transparency information; authorizing an   administrative penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 22.302(a), Government Code, is amended   to read as follows:          (a)  At the discretion of its chief justice or presiding   judge, the supreme court, the court of criminal appeals, or a court   of appeals may order that oral argument be presented through the use   of teleconferencing technology. The [ court and the ] parties or   their attorneys may participate in oral argument from any location   through the use of teleconferencing technology. Unless exigent   circumstances require otherwise, the court shall participate in   oral argument presented through teleconferencing technology from a   courtroom or other facility provided to the court by this state.            SECTION 2.  Subchapter D, Chapter 23, Government Code, is   amended by adding Section 23.303 to read as follows:           Sec.   23.303.     PROCEDURES RELATED TO MOTIONS FOR SUMMARY   JUDGMENT; ANNUAL REPORT.   (a)   The business court, a district court,   or a statutory county court shall, with respect to a motion for   summary judgment:                 (1)     hear oral argument on the motion or consider the   motion without oral argument not later than the 45th day after the   date the response to the motion was filed; and                 (2)     file with the clerk of the court and provide to the   parties a written ruling on the motion not later than the 90th day   after the date the motion was argued or considered.           (b)     If a motion for summary judgment is considered by a   court described by Subsection (a) without oral argument, the court   shall record in the docket the date the motion was considered   without argument.           (c)     A clerk of a court described by Subsection (a) shall   report the court's compliance with the times prescribed by this   section to the Office of Court Administration of the Texas Judicial   System not less than once per quarter using the procedure the office   prescribes for the submission of reports under this subsection.             (d)     The Office of Court Administration of the Texas Judicial   System shall prepare an annual report regarding compliance of   courts and clerks with the requirements of this section during the   preceding state fiscal year. Not later than December 31 of each   year, the office shall submit the report prepared under this   section to the governor, lieutenant governor, and speaker of the   house of representatives and make the report publicly available.           (e)     Notwithstanding Section 22.004, Subsection (a) or (b)   may not be modified or repealed by supreme court rule.          SECTION 3.  Section 33.001(a), Government Code, is amended   by amending Subdivision (8) and adding Subdivision (8-a) to read as   follows:                (8)  "Judge" means a justice, judge, master,   magistrate, justice of the peace, or retired or former judge as   described by Section 1-a, Article V, Texas Constitution, or other   person who performs the functions of the justice, judge, master,   magistrate, justice of the peace,  or retired or former judge.                 (8-a)     "Official misconduct" has the meaning assigned   by Article 3.04, Code of Criminal Procedure.          SECTION 4.  Effective January 1, 2026, 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 5.  Section 33.001(b), Government Code, is amended   to read as follows:          (b)  For purposes of Section 1-a, Article V, Texas   Constitution, "wilful or persistent conduct that is clearly   inconsistent with the proper performance of a judge's duties"   includes:                (1)  wilful, persistent, and unjustifiable failure to   timely execute the business of the court, considering the quantity   and complexity of the business , including failure to meet   deadlines, performance measures or standards, or clearance rate   requirements set by statute, administrative rule, or binding court   order ;                (2)  wilful violation of a provision of the Texas penal   statutes or the Code of Judicial Conduct;                (3)  persistent or wilful violation of the rules   promulgated by the supreme court;                (4)  incompetence in the performance of the duties of   the office;                (5)  failure to cooperate with the commission; [ or ]                (6)  violation of any provision of a voluntary   agreement to resign from judicial office in lieu of disciplinary   action by the commission ;                 (7)     persistent or wilful violation of Article 17.15,   Code of Criminal Procedure; or                 (8)     persistent or wilful violation of Section   22.302(a) .          SECTION 6.  Section 33.0211, Government Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  The commission shall maintain a file on each written   complaint filed with the commission. The file must include:                (1)  the name of the person who filed the complaint;                (2)  the date the complaint is received by the   commission;                (3)  the subject matter of the complaint;                (4)   additional documentation supporting the complaint   submitted under Subsection (a-1);                   (5)   the name of each person contacted in relation to   the complaint;                 (6)  [ (5) ]  a summary of the results of the review or   investigation of the complaint; and                 (7)  [ (6) ]  an explanation of the reason the file was   closed, if the commission closed the file without taking action   other than to investigate the complaint.           (a-1)     Not later than the 45th day after the date a person   files a complaint with the commission, the person may submit to the   commission additional documentation to support the complaint.          SECTION 7.  Subchapter B, Chapter 33, Government Code, is   amended by adding Sections 33.02111 and 33.02115 to read as   follows:           Sec.   33.02111.     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 seventh 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   good cause exists for investigating the complaint.           Sec.   33.02115.     FALSE COMPLAINT; ADMINISTRATIVE PENALTY.   (a)   The commission may impose administrative sanctions, including   an administrative penalty under Subsection (b), against a person   who knowingly files a false complaint with the commission under   this subchapter.           (b)     The commission may impose on a person described by   Subsection (a) an administrative penalty in the amount of:                 (1)  not more than $500 for the first false complaint;                   (2)     not more than $2,500 for the second false   complaint; and                 (3)     not less than $5,000 but not more than $10,000 for   each false complaint filed subsequent to the second.           (c)     An order imposing an administrative penalty or other   sanction under this section is a public record.   The commission   shall publish notice of the penalty or other sanction on the   commission's Internet website.          SECTION 8.  Section 33.0212, Government Code, is amended to   read as follows:          Sec. 33.0212.  REPORT AND RECOMMENDATIONS ON FILED   COMPLAINTS.  (a)   As soon as practicable after a complaint is filed   with the commission, commission staff shall conduct a preliminary   investigation of the filed complaint and draft recommendations for   commission action.           (a-1)     If, after completing a preliminary investigation   under Subsection (a), commission staff determines that given the   content of a complaint a full investigation is necessary before the   next commission meeting, commission staff may commence the   investigation.   Not less than seven business days after the date   commission staff commences a full investigation under this   subsection, the staff shall provide written notice of the full   investigation to the judge who is the subject of the complaint.   Notice provided under this subsection shall comply with the   requirements of Section 33.022(c)(1)(B).           (a-2)   Not later than the 10th day before a scheduled   commission meeting [ 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 :                 (1)     each complaint for which a preliminary   investigation has been conducted under Subsection (a) but for which   the investigation report has not been finalized under Subsection   (b);                 (2)   the results of the preliminary investigation of   the complaint , including whether commission staff commenced a full   investigation under Subsection (a-1); and                 (3)  the commission staff's recommendations for   commission action regarding the complaint , including any   recommendation for further investigation or termination of the   investigation and dismissal of the complaint .          (b)  Not later than the 120th [ 90th ] day following the date   of the first commission meeting at which a complaint is included in   the report filed with the commission under Subsection (a-2) [ staff   files with the commission the report required by Subsection (a) ],   the commission shall finalize the investigation report and   det [Text truncated for display. 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