89R6225 AMF/JCG-F     By: Leach 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 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   set by statute 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; or                (7)  persistent or wilful violation of Article 17.15,   Code of Criminal Procedure.          SECTION 2.  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 3.  Subchapter B, Chapter 33, Government Code, is   amended by adding Section 33.02115 to read as follows:          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 4.  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   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.          (b-1)  After the commission meeting at which an   investigation report is finalized and an action is determined under   Subsection (b), the commission shall provide to the judge who is the   subject of a complaint:                (1)  written notice of the action to be taken regarding   the complaint not more than:                      (A)  five business days after the commission   meeting if the commission determines no further action will be   taken on the complaint; or                      (B)  seven business days after the commission   meeting if the commission determines to take any further action on   the complaint, including by pursuing further investigation; and                (2)  as the commission determines appropriate,   published notice of the action to be taken by posting the notice on   the commission's Internet website not less than five business days   after notice is provided under Subdivision (1).          (c)  If, because of extenuating circumstances, the   commission [staff] is unable to finalize an investigation report   and determine the action to be taken regarding a complaint under   Subsection (b) [provide an investigation report and recommendation   to the commission] before the 120th day following the date of the   first [the complaint was filed with the] commission meeting at   which a complaint is included in the report filed with the   commission under Subsection (a-2), the commission may order an   extension [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   240 [270] days from the date of the first [the complaint was filed   with the] commission meeting at which a complaint is included in the   report filed with the commission under Subsection (a-2).  [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 commission orders an extension of time under   Subsection (c) [chairperson grants additional time under   Subsection (d)], the commission must timely inform the following   [legislature] of the extension:                (1)  the governor;                (2)  the lieutenant governor;                (3)  the speaker of the house of representatives;                (4)  the presiding officer of each legislative standing   committee with primary jurisdiction over the judiciary;                (5)  the chief justice of the supreme court;                (6)  the Office of Court Administration of the Texas   Judicial System; and                (7)  the presiding judge of the administrative judicial   region in which is located the court the judge who is the subject of   the complaint serves.          (e)  The commission may not disclose to a person informed   under Subsection (d) [the legislature] any confidential   information regarding the complaint.          SECTION 5.  Section 33.0213, Government Code, is amended to   read as follows:          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:                (1)  may place the commission's complaint file on hold   and decline any further investigation that would jeopardize the law   enforcement agency's investigation; or                (2)  shall [. The commission may] continue an   investigation that would not jeopardize a law enforcement   investigation regarding the conduct subject to the complaint and   may issue a censure or sanction based on the complaint.          SECTION 6.  Section 33.022, Government Code, is amended by   amending Subsections (b) and (c) and adding Subsections (b-1) and   (b-2) to read as follows:          (b)  If, after conducting a preliminary investigation under   this section, [the] commission staff determine [determines] that an   allegation or appearance of misconduct or disability is unfounded   or frivolous, [the] commission staff shall recommend the commission   [shall] terminate the investigation and dismiss the complaint.          (b-1)  If, after conducting a preliminary investigation   under this section, commission staff determine administrative   deficiencies in the complaint preclude further investigation,   commission staff may terminate the investigation and dismiss the   complaint without action by the commission.          (b-2)  If a complaint is dismissed under Subsection (b) or   (b-1), the commission shall notify the judge in writing of the   dismissal not more than five business days after the dismissal   date.          (c)  If, after conducting a preliminary investigation under   this section, the commission does not determine that an allegation   or appearance of misconduct or disability is unfounded or   frivolous, the commission:                (1)  shall:                      (A)  conduct a full investigation of the   circumstances surrounding the allegation or appearance of   misconduct or disability; and                      (B)  not more than seven business days after the   commission staff commences a full investigation under this   subsection, notify the judge in writing of:                            (i)  the commencement of the investigation;   [and]                            (ii)  the nature of the allegation or   appearance of misconduct or disability being investigated; and                            (iii)  the judge's right to attend each   commission meeting at which the complaint is included in the report   filed with commission members under Section 33.0212(a-2); and                (2)  may:                      (A)  order the judge to:                            (i)  submit a written response to the   allegation or appearance of misconduct or disability; or                            (ii)  appear informally before the   commission;                      (B)  order the deposition of any person; or                      (C)  request the complainant to appear informally   before the commission.          SECTION 7.  Section 33.034, Government Code, is amended by   amending Subsection (a) and adding Subsection (j) to read as   follows:          (a)  A judge who receives from the commission a sanction or   censure issued by the commission under Section 1-a(8), Article V,   Texas Constitution, may request [or any other type of sanction is   entitled to] a review of the commission's decision as provided by   this section. This section does not apply to a decision by the   commission to institute formal proceedings.          (j)  If the commission issues a public reprimand of a judge   based on the judge's persistent or wilful violation of Article   17.15, Code of Criminal Procedure, the commission shall send notice   of the reprimand to:                (1)  the governor;                 (2)  the lieutenant governor;                 (3)  the speaker of the house of representatives;                 (4)  the presiding officer of each legislative standing   committee with primary jurisdiction over the judiciary;                (5)  the chief justice of the supreme court;                (6)  the Office of Court Administration of the Texas   Judicial System; and                (7)  the presiding judge of the administrative judicial   region in which is located the court the reprimanded judge serves.          SECTION 8.  Section 33.037, Government Code, is amended to   read as follows:          Sec. 33.037.  SUSPENSION FROM OFFICE [PENDING APPEAL]. (a)   If a judge who is convicted of a felony or a misdemeanor involving   official misconduct appeals the conviction, the commission shall   suspend the judge from office without pay pending final disposition   of the appeal.          (b)  Not later than the 21st day after the date the   commission initiates formal proceedings against a judge based on   the judge's persistent or wilful violation of Article 17.15, Code   of Criminal Procedure, the commission shall recommend to the   supreme court that the judge be suspended from office pursuant to   Section 1-a, Article V, Texas Constitution.          SECTION 9.  Subchapter C, Chapter 72, Government Code, is   amended by adding Section 72.0396 to read as follows:          Sec. 72.0396.  JUDICIAL TRANSPARENCY INFORMATION. (a)  Each   district court judge shall submit to the presiding judge of the   administrative judicial region in which the judge's court sits not   later than the 20th day of each calendar quarter information for the   preceding quarter in which the judge attests to:                (1)  the number of hours the judge presided over the   judge's court at the courthouse or another court facility; and                (2)  the number of hours the judge performed judicial   duties other than those described by Subdivision (1), including the   number of hours the judge:                      (A)  performed case-related duties;                      (B)  performed administrative tasks; and                      (C)  completed continuing education.          (b)  The presiding judge of each administrative judicial   region shall submit the information submitted under Subsection (a)   to the office in the manner prescribed by the supreme court.          (c)  The office shall provide administrative support for the   submission and collection of information under Subsection (a),   including providing a system for electronic submission of the   information.          (d)  Not later than December 1 of each year, the office shall   prepare and submit to the governor, the lieutenant governor, the   speaker of the house of representatives, and each presiding officer   of a legislative standing committee with primary jurisdiction over   the judiciary a written report compiling the information submitted   under Subsection (b).          (e)  The supreme court shall adopt rules establishing   guidelines and providing instructions regarding the reporting of   information under Subsection (a), including rules:                (1)  establishing a penalty for the submission of false   information under Subsection (a); and                (2)  providing guidance on the form and manner of   reporting under Subsection (a).          SECTION 10.  Section 74.055(c), Government Code, is amended   to read as follows:          (c)  To be eligible to be named on the list, a retired or   former judge must:                (1)  have served as an active judge for at least 96   months in a district, statutory probate, statutory county, or   appellate court;                (2)  have developed substantial experience in the   judge's area of specialty;                (3)  not have been removed from office;                (4)  certify under oath to the presiding judge, on a   form prescribed by the state board of regional judges, that:                      (A)  the judge has never been publicly reprimanded   or censured by the State Commission on Judicial Conduct, excluding   any reprimand or censure reviewed and rescinded by a special court   of review under Section 33.034;                      (B)  the judge has not received more than one of   any other type of public sanction, excluding any sanction reviewed   and rescinded by a special court of review under Section 33.034; and                      (C) [(B)]  the judge:                            (i)  did not resign or retire from office   after the State Commission on Judicial Conduct notified the judge   of the commencement of a full investigation into an allegation or   appearance of misconduct or disability of the judge as provided in   Section 33.022 and before the final disposition of that   investigation; or                            (ii)  if the judge did resign from office   under circumstances described by Subparagraph (i), was not publicly   reprimanded or censured as a result of the investigation;                (5)  annually demonstrate that the judge has completed   in the past state fiscal year the educational requirements for   active district, statutory probate, and statutory county court   judges; and                (6)  certify to the presiding judge a willingness not   to appear and plead as an attorney in any court in this state for a   period of two years.          SECTION 11.  Section 659.012(a), Government Code, is amended   to read as follows:          (a)  Notwithstanding Section 659.011 and subject to   Subsections (b) and (b-1):                (1)  a judge of a district court or a division of the   business court is entitled to an annual base salary from the state   as set by the General Appropriations Act in an amount equal to at   least $161,000 [$140,000], except that the combined base salary of   a district judge or judge of a division of the business court from   all state and county sources, including compensation for any   extrajudicial services performed on behalf of the county, may not   exceed the amount that is $5,000 less than the maximum combined base   salary from all state and county sources for a justice of a court of   appeals other than a chief justice as determined under this   subsection;                (2)  except as provided by Subdivision (3), a justice   of a court of appeals other than the chief justice is entitled to an   annual base salary from the state in the amount equal to 110 percent   of the state base salary of a district judge as set by the General   Appropriations Act, except that the combined base salary of a   justice of the court of appeals other than the chief justice from   all state and county sources, including compensation for any   extrajudicial services performed on behalf of the county, may not   exceed the amount that is $5,000 less than the base salary for a   justice of the supreme court as determined under this subsection;                (3)  a justice of the Court of Appeals for the Fifteenth   Court of Appeals District other than the chief justice is entitled   to an annual base salary from the state in the amount equal to   $5,000 less than 120 percent of the state base salary of a district   judge as set by the General Appropriations Act;                (4)  a justice of the supreme court other than the chief   justice or a judge of the court of criminal appeals other than the   presiding judge is entitled to an annual base salary from the state   in the amount equal to 120 percent of the state base salary of a   district judge as set by the General Appropriations Act; and                (5)  the chief justice or presiding judge of an   appellate court is entitled to an annual base salary from the state   in the amount equal to $2,500 more than the state base salary   provided for the other justices or judges of the court, except that   the combined base salary of the chief justice of a court of appeals   from all state and county sources may not exceed the amount equal to   $2,500 less than the base salary for a justice of the supreme court   as determined under this subsection.          SECTION 12.  Section 665.052(b), Government Code, is amended   to read as follows:          (b)  In this section, "incompetency" means:                (1)  gross ignorance of official duties;                (2)  gross carelessness in the discharge of official   duties; [or]                (3)  inability or unfitness to discharge promptly and   properly official duties because of a serious physical or mental   defect that did not exist at the time of the officer's election; or                (4)  persistent or wilful violation of Article 17.15,   Code of Criminal Procedure.          SECTION 13.  Section 814.103, Government Code, is amended by   adding Subsections (d) and (e) to read as follows:          (d)  Notwithstanding Subsection (a) or (a-1) or any other   law:                (1)  any increase in the state base salary being paid to   a district judge as set by the General Appropriations Act in   accordance with Section 659.012 by the 89th Legislature, Regular   Session, 2025, does not apply to a standard service retirement   annuity computed under this section for a retiree or beneficiary if   the retiree on whose service the annuity is based retired before   September 1, 2025; and                (2)  the amount of the state base salary being paid to a   district judge as set by Chapter 1170 (H.B. 1), Acts of the 88th   Legislature, Regular Session, 2023 (the General Appropriations   Act), for the fiscal year ending August 31, 2025, in accordance with   Section 659.012 continues to apply to the annuities described by   Subdivision (1) until the 90th Legislature or a later legislature   enacts legislation that increases the state base salary being paid   to a district judge as set by the General Appropriations Act in   accordance with Section 659.012.          (e)  On the date the 90th Legislature or a later legislature   enacts legislation that increases the state base salary being paid   to a district judge, as described by Subsection (d), this   subsection and Subsection (d) expire.          SECTION 14.  Section 834.102, Government Code, is amended by   adding Subsections (e) and (f) to read as follows:          (e)  Notwithstanding Subsection (a) or (d) or any other law:                (1)  any increase in the state base salary being paid to   a district judge as set by the General Appropriations Act in   accordance with Section 659.012 by the 89th Legislature, Regular   Session, 2025, does not apply to a service retirement annuity   computed under this section of a retiree or beneficiary if the   retiree on whose service the annuity is based retired before   September 1, 2025; and                (2)  the amount of the state base salary being paid to a   district judge as set by Chapter 1170 (H.B. 1), Acts of the 88th   Legislature, Regular Session, 2023 (the General Appropriations   Act), for the fiscal year ending August 31, 2025, in accordance with   Section 659.012 continues to apply to the annuities described by   Subdivision (1) until the 90th Legislature or a later legislature   enacts legislation that increases the state base salary being paid   to a district judge as set by the General Appropriations Act in   accordance with Section 659.012.          (f)  On the date the 90th Legislature or a later legislature   enacts legislation that increases the state base salary being paid   to a district judge, as described by Subsection (e), this   subsection and Subsection (e) expire.          SECTION 15.  As soon as practicable after the effective date   of this Act, the State Commission on Judicial Conduct shall adopt   rules to implement Section 33.001(b), Government Code, as amended   by this Act.          SECTION 16.  As soon as practicable after the effective date   of this Act, the Texas Supreme Court shall adopt rules for purposes   of Section 72.0396, Government Code, as added by this Act.          SECTION 17.  Sections 33.001(b) and 665.052(b), Government   Code, as amended by this Act, apply only to  an allegation of   judicial misconduct received by the State Commission on Judicial   Conduct on or after the effective date of this Act, regardless of   whether the conduct or act that is the subject of the allegation   occurred or was committed before, on, or after the effective date of   this Act.          SECTION 18.  A former or retired judge on a list maintained   by a presiding judge under Section 74.055(a), Government Code, who   is ineligible to be named on the list under Section 74.055(c),   Government Code, as amended by this Act, shall be struck from the   list on the effective date of this Act and may not be assigned to any   court on or after the effective date of this Act.          SECTION 19.  This Act takes effect September 1, 2025.