reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter ZZ. Corpus Christi › Section 30.01903. Municipal Court Director; Other Personnel

Sec. 30.01903.  MUNICIPAL COURT DIRECTOR; OTHER PERSONNEL.  (a)  The city manager shall appoint a municipal court director to serve as the clerk of the municipal courts of record.
(b)  The municipal court director shall perform, as applicable, the duties prescribed by law for the county clerk of a county court at law.  In addition, the municipal court director shall:
(1)  maintain central docket records for all cases filed in the municipal courts of record;
(2)  maintain an index of all municipal court of record judgments in the same manner as county clerks are required by law to prepare for criminal cases arising in county courts; and
(3)  request the jurors needed for cases that are set for trial by jury.
(c)  The municipal court director may hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office.
(d)  Sections 30.00009(c) and (d) do not apply to this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 441 (S.B. 2009), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter ZZ. Corpus Christi › Section 30.01904. Court Reporter

Sec. 30.01904.  COURT REPORTER.  The municipal court director shall appoint the court reporter under Section 30.00010.
Added by Acts 2007, 80th Leg., R.S., Ch. 441 (S.B. 2009), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 31 - Additional Compensation of Justices of Courts of Appeal › Section 31.001. Authority for County Payment of Compensation

Sec. 31.001.  AUTHORITY FOR COUNTY PAYMENT OF COMPENSATION.  The commissioners courts in the counties of each of the 15 courts of appeals districts may pay additional compensation in an amount that does not exceed the limitations of Section 659.012 to each of the justices of the courts of appeals, other than a justice of the Court of Appeals of the Fifteenth Court of Appeals District, residing within the court of appeals district that includes those counties.  The compensation is for all extrajudicial services performed by the justices.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 148, Sec. 1.44, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., 2nd C.S., Ch. 3 (H.B. 11), Sec. 3, eff. December 1, 2005.
Acts 2023, 88th Leg., R.S., Ch. 459 (S.B. 1045), Sec. 2.04, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 31 - Additional Compensation of Justices of Courts of Appeal › Section 31.002. Compensation Additional

Sec. 31.002.  COMPENSATION ADDITIONAL.  The compensation authorized by Section 31.001 is in addition to the compensation provided by law and paid by the state to the justices of the courts of appeals.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 31 - Additional Compensation of Justices of Courts of Appeal › Section 31.003. Limitations

Sec. 31.003.  LIMITATIONS.  (a)  The total of additional compensation authorized by this chapter to be paid to the individual justices of a court of appeals district may not exceed the total additional compensation authorized to be paid to any district judge residing within the same court of appeals district.
(b)  The combined salary of each associate justice and chief justice of the courts of appeals is subject to the salary differentials provided by Subchapter B, Chapter 659.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 148, Sec. 1.45, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(104), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 31 - Additional Compensation of Justices of Courts of Appeal › Section 31.004. Equal Installments

Sec. 31.004.  EQUAL INSTALLMENTS.  The compensation authorized by this chapter shall be paid in:
(1)  equal monthly installments; or
(2)  equal biweekly installments if authorized by the commissioners courts in the counties of the court of appeals district.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 194 (S.B. 560), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 32 - Additional Compensation of District Judges › Subchapter A. Additional Compensation Paid by County for Extrajudicial Services › Section 32.001. Authority for Additional Compensation

Sec. 32.001.  AUTHORITY FOR ADDITIONAL COMPENSATION.  (a)  The commissioners court of a county may pay the judges of the district courts having jurisdiction in the county additional compensation in an amount that does not exceed the limitations of Section 659.012 for extrajudicial services performed by the district judges.
(b)  The compensation shall be paid from the county general fund or other available funds of the county in:
(1)  monthly installments; or
(2)  biweekly installments if authorized by the commissioners court.
(c)  The compensation is in addition to the salary paid by the state and any other compensation authorized by law.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., 2nd C.S., Ch. 3 (H.B. 11), Sec. 6, eff. December 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 194 (S.B. 560), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 32 - Additional Compensation of District Judges › Subchapter B. Miscellaneous Provisions › Section 32.302. Salary of Special Judges

Sec. 32.302.  SALARY OF SPECIAL JUDGES.  (a)  The salary of a special judge commissioned by the governor under Article V, Section 11, of the Texas Constitution or elected by practicing lawyers or agreed on by parties as provided by law is determined and paid in accordance with this section.
(b)  The special judge is entitled to the same salary as a district judge for every day the special judge performs the duties of judge.  In addition, a special judge commissioned by the governor is entitled to the same pay as a district judge for each day the special judge is necessarily occupied going to and returning from the place the judge is required to hold court.
(c)  The amount of the special judge's daily salary is determined by dividing the salary of a district judge by 365.
(d)  A special judge commissioned by the governor must present a sworn account to the comptroller of public accounts.  The account must show the number of days necessarily occupied in going to and coming from the place the special judge was required to hold court and must be accompanied by evidence that the special judge was properly commissioned.  The account must be certified to be correct by the judge or clerk of the judicial district in which the special judge performed services.
(e)  A special judge elected by practicing lawyers or agreed to by parties must present to the comptroller of public accounts a certificate of the clerk of the judicial district in which the special judge performed services showing the record of the election or appointment and the services rendered.  The certificate must be accompanied by the sworn account of the special judge showing the number of days actually served as judge.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 32 - Additional Compensation of District Judges › Subchapter B. Miscellaneous Provisions › Section 32.303. Automobile Allowance

Sec. 32.303.  AUTOMOBILE ALLOWANCE.  A commissioners court may pay the judges of the district courts in the county an automobile allowance in an amount set by the commissioners court for automobile expenses incurred in performing official duties.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 431, Sec. 1, eff. June 14, 1989;  Acts 1989, 71st Leg., ch. 605, Sec. 1, eff. Aug. 28, 1989;  Acts 1991, 72nd Leg., ch. 16, Sec. 8.02, eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter A. General Provisions › Section 33.002. Commission

Sec. 33.002.  COMMISSION.  (a)  The State Commission on Judicial Conduct is established under Section 1-a, Article V, Texas Constitution, and has the powers provided by that section.
(a-1)  The commission is an agency of the judicial branch of state government and administers judicial discipline.  The commission does not have the power or authority of a court in this state.
(b)  A constitutional or statutory reference to the State Judicial Qualifications Commission means the State Commission on Judicial Conduct.
(c)  Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 462, Sec. 2, eff. June 18, 1999;  Acts 2001, 77th Leg., ch. 917, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 513 (S.B. 209), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter A. General Provisions › Section 33.003. Sunset Provision

Sec. 33.003.  SUNSET PROVISION.  The State Commission on Judicial Conduct is subject to review under Chapter 325 (Texas Sunset Act), but is not abolished under that chapter.  The commission shall be reviewed during the period in which state agencies abolished in 2029, and every 12th year after that year, are reviewed.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1985, 69th Leg., ch. 480, Sec. 21, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 148, Sec. 2.47(a), eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 5.13, eff. Nov. 12, 1991.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 513 (S.B. 209), Sec. 3, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 938 (H.B. 3123), Sec. 2.02, eff. June 18, 2015.
Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 3.01, eff. June 10, 2019.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 1.04, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter A. General Provisions › Section 33.0032. Conflict of Interest

Sec. 33.0032.  CONFLICT OF INTEREST.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a commission employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association the members of which are subject to regulation by the commission;  or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association the members of which are subject to regulation by the commission.
(c)  A person may not act as the general counsel to the commission if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the commission.
Added by Acts 2001, 77th Leg., ch. 917, Sec. 3, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter A. General Provisions › Section 33.004. Compensation and Expenses of Commission Members, Special Masters, and Other Employees

Sec. 33.004.  COMPENSATION AND EXPENSES OF COMMISSION MEMBERS, SPECIAL MASTERS, AND OTHER EMPLOYEES.  (a)  A member of the commission serves without compensation for services, but is entitled to reimbursement for expenses as provided by this section.
(b)  A special master who is an active district judge or justice of the court of appeals is entitled to a per diem of $25 for each day or part of a day that the person spends in the performance of the duties of special master.  The per diem is in addition to other compensation and expenses authorized by law.
(c)  A special master who is a retired judge of a district court or the court of criminal appeals or a retired justice of a court of appeals or the supreme court is entitled to compensation in the same manner as provided by Section 74.061.  For purposes of this subsection, the term "court" in Section 74.061(c) means the district court in the county in which formal proceedings are heard by the special master.
(d)  A member or employee of the commission, special counsel, or any other person appointed by the commission to assist the commission in performing the duties of the commission, or a special master is entitled to necessary expenses for travel, board, and lodging incurred in the performance of official duties.
(e)  Payment shall be made under this section on certificates of approval by the commission.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 917, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 807 (S.B. 1439), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 807 (S.B. 1439), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter A. General Provisions › Section 33.0041. Removal of Commission Member; Notification Procedures

Sec. 33.0041.  REMOVAL OF COMMISSION MEMBER;  NOTIFICATION PROCEDURES.  If the executive director has knowledge that a potential ground for removal of a commission member exists, the executive director shall notify the presiding officer of the commission of the potential ground.  The presiding officer shall then notify the governor, the supreme court, the state bar, and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the commission, who shall then notify the governor, the supreme court, the state bar, and the attorney general that a potential ground for removal exists.
Added by Acts 2001, 77th Leg., ch. 917, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter A. General Provisions › Section 33.0042. Requirements for Office or Employment: Information

Sec. 33.0042.  REQUIREMENTS FOR OFFICE OR EMPLOYMENT:  INFORMATION.  The executive director or the executive director's designee shall provide to members of the commission and to agency employees, as often as necessary, information regarding the requirements for office or employment under this chapter and Section 1-a, Article V, Texas Constitution, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 2001, 77th Leg., ch. 917, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter A. General Provisions › Section 33.0043. Commission Member Training

Sec. 33.0043.  COMMISSION MEMBER TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the commission shall complete a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the legislation that created the commission;
(2)  the programs operated by the commission;
(3)  the role and functions of the commission;
(4)  the rules of the commission with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5)  the current budget for the commission;
(6)  the results of the most recent formal audit of the commission;
(7)  the requirements of laws relating to public officials, including conflict-of-interest laws;  and
(8)  any applicable ethics policies adopted by the commission or the Texas Ethics Commission.
(c)  A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 2001, 77th Leg., ch. 917, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter A. General Provisions › Section 33.0044. Division of Responsibility

Sec. 33.0044.  DIVISION OF RESPONSIBILITY.  The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and staff of the commission.
Added by Acts 2001, 77th Leg., ch. 917, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter A. General Provisions › Section 33.0045. Equal Employment Opportunity Policy Statement

Sec. 33.0045.  EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.  (a)  The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(b)  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the commission to avoid the unlawful employment practices described by Chapter 21, Labor Code;  and
(2)  an analysis of the extent to which the composition of the commission's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(c)  The policy statement must:
(1)  be updated annually;
(2)  be reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1);  and
(3)  be filed with the governor's office.
Added by Acts 2001, 77th Leg., ch. 917, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter A. General Provisions › Section 33.005. Annual Report

Sec. 33.005.  ANNUAL REPORT.  (a)  Not later than December 1 of each year, the commission shall submit to the legislature a report for the preceding fiscal year ending August 31.  The report is required to be made in an electronic format only.
(b)  The report must include:
(1)  an explanation of the role of the commission;
(2)  annual statistical information for the preceding fiscal year, including:
(A)  the number of complaints received by the commission alleging judicial misconduct or disability;
(B)  the number of complaints dismissed without commission action other than investigation because the evidence did not support the allegation or appearance of judicial misconduct or disability;
(C)  the number of complaints dismissed without commission action other than investigation because the facts alleged did not constitute judicial misconduct or disability;
(D)  the number of complaints dismissed without commission action other than investigation because the allegation or appearance of judicial misconduct or disability was determined to be unfounded or frivolous;
(E)  the number of each type of judicial misconduct or disability that resulted in sanction or censure of a judge; and
(F)  examples of improper judicial conduct;
(3)  an explanation of the commission's processes; and
(4)  changes the commission considers necessary in its rules or the applicable statutes or constitutional provisions.
(c)  The commission shall distribute the report to the governor, lieutenant governor, speaker of the house of representatives, and editor of the Texas Bar Journal.
(d)  The legislature shall appropriate funds for the preparation and distribution of the report.
(e)  The Texas Bar Journal shall periodically publish public statements, sanctions, and orders of additional education issued by the commission.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 646, Sec. 3, eff. Aug. 28, 1989;  Acts 1999, 76th Leg., ch. 462, Sec. 3, eff. June 18, 1999;  Acts 2001, 77th Leg., ch. 917, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 513 (S.B. 209), Sec. 4, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 371 (S.B. 306), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter A. General Provisions › Section 33.0055. Public Meeting

Sec. 33.0055.  PUBLIC MEETING.  (a)  The commission shall in each even-numbered year hold a public hearing to consider comment from the public regarding the commission's mission and operations.  Such comments shall be considered in a manner which does not compromise the confidentiality of matters considered by the commission.
(b)  The commission shall provide notice of a public hearing under this section to the secretary of state.  The secretary of state shall post the notice on the Internet for at least seven days before the day of the hearing and provide members of the public access to view the notice in the manner specified by Section 551.044 for notice of an open meeting.
Added by Acts 2013, 83rd Leg., R.S., Ch. 513 (S.B. 209), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter A. General Provisions › Section 33.006. Immunity From Liability

Sec. 33.006.  IMMUNITY FROM LIABILITY.  (a)  This section applies to:
(1)  the commission;
(2)  a member of the commission;
(3)  the executive director of the commission;
(4)  an employee of the commission;
(5)  a special master appointed under Section 1-a(8), Article V, Texas Constitution;
(6)  special counsel for the commission and any person employed by the special counsel;  and
(7)  any other person appointed by the commission to assist the commission in performing its duties.
(b)  A person to which this section applies is not liable for an act or omission committed by the person within the scope of the person's official duties.
(c)  The immunity from liability provided by this section is absolute and unqualified and extends to any action at law or in equity.
Added by Acts 1999, 76th Leg., ch. 462, Sec. 4, eff. June 18, 1999.  Amended by Acts 2001, 77th Leg., ch. 917, Sec. 7, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter A. General Provisions › Section 33.007. Distribution of Materials to Judges and the Public

Sec. 33.007.  DISTRIBUTION OF MATERIALS TO JUDGES AND THE PUBLIC.  (a)  The commission shall develop and distribute plain-language materials as described by this section to judges and the public.
(b)  The materials must include a description of:
(1)  the commission's responsibilities;
(2)  the types of conduct that constitute judicial misconduct;
(3)  the types of sanctions issued by the commission, including orders of additional education;  and
(4)  the commission's policies and procedures relating to complaint investigation and resolution.
(c)  The materials shall be provided in English and Spanish.
(d)  The commission shall provide to each person filing a complaint with the commission the materials described by this section.
(e)  The commission shall adopt a policy to effectively distribute materials as required by this section.
Added by Acts 2001, 77th Leg., ch. 917, Sec. 8, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter A. General Provisions › Section 33.008. Judicial Misconduct Information

Sec. 33.008.  JUDICIAL MISCONDUCT INFORMATION.  The commission shall routinely provide to entities that provide education to judges information relating to judicial misconduct resulting in sanctions or orders of additional education issued by the commission.  The commission shall categorize the information by level of judge and type of misconduct.
Added by Acts 2001, 77th Leg., ch. 917, Sec. 8, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter B. Powers and Duties › Section 33.021. General Powers of Commission

Sec. 33.021.  GENERAL POWERS OF COMMISSION.  The commission may:
(1)  design and use a seal;
(2)  employ persons that it considers necessary to carry out the duties and powers of the commission;
(3)  employ special counsel as it considers necessary;
(4)  arrange for attendance of witnesses;
(5)  arrange for and compensate expert witnesses and reporters;  and
(6)  pay from its available funds the reasonably necessary expenses of carrying out its duties under the constitution, including providing compensation to special masters.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 462, Sec. 5, eff. June 18, 1999;  Acts 2001, 77th Leg., ch. 917, Sec. 10, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter B. Powers and Duties › Section 33.02105. Candidate for Judicial Office

Sec. 33.02105.  CANDIDATE FOR JUDICIAL OFFICE.  The commission may accept complaints, conduct investigations, and take any other action authorized by this chapter or Section 1-a, Article V, Texas Constitution, with respect to a candidate for judicial office who is subject to Subchapter F, Chapter 253, Election Code, in the same manner the commission is authorized to take those actions with respect to a judge.
Added by Acts 2023, 88th Leg., R.S., Ch. 222 (H.B. 367), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter B. Powers and Duties › Section 33.0211. Complaints

Sec. 33.0211.  COMPLAINTS.  (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)  the name of each person contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint;  and
(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.
(b)  The commission, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.
(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.
Added by Acts 2001, 77th Leg., ch. 917, Sec. 11, eff. Sept. 1, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 737 (H.B. 4344), Sec. 1, eff. September 1, 2022.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter B. Powers and Duties › Section 33.0212. Report and Recommendations on Filed Complaints

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.
Added by Acts 2021, 87th Leg., R.S., Ch. 737 (H.B. 4344), Sec. 2, eff. September 1, 2022.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter B. Powers and Duties › Section 33.0213. Notification of Law Enforcement Agency Investigation

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.
Added by Acts 2021, 87th Leg., R.S., Ch. 737 (H.B. 4344), Sec. 2, eff. September 1, 2022.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter B. Powers and Duties › Section 33.023. Physical or Mental Incapacity of Judge

Sec. 33.023.  PHYSICAL OR MENTAL INCAPACITY OF JUDGE.  (a)  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.
(b)  The commission shall give the judge written notice of the examination not later than 10 days before the date of the examination.  The notice must include the physician's name and the date, time, and place of the examination.
(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.
(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.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 462, Sec. 7, eff. June 18, 1999;  Acts 2001, 77th Leg., ch. 917, Sec. 13, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter B. Powers and Duties › Section 33.024. Oaths and Subpoenas

Sec. 33.024.  OATHS AND SUBPOENAS.  In conducting an investigation, formal proceedings, or proceedings before a special court of review, a commission member, special master, or member of a special court of review may:
(1)  administer oaths;
(2)  order and provide for inspection of books and records;  and
(3)  issue a subpoena for attendance of a witness or production of papers, books, accounts, documents, and testimony relevant to the investigation or proceeding.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 462, Sec. 8, eff. June 18, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter B. Powers and Duties › Section 33.025. Enforcement of Subpoena

Sec. 33.025.  ENFORCEMENT OF SUBPOENA.  (a)  The commission may file an application in a district court or, if appropriate, with a special master or special court of review, to enforce a subpoena issued by the commission under this chapter.
(b)  A special master or special court of review may enforce by contempt a subpoena issued by the commission, the special master, or the special court of review.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 462, Sec. 9, eff. June 18, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter B. Powers and Duties › Section 33.026. Witness Immunity

Sec. 33.026.  WITNESS IMMUNITY.  (a)  In a proceeding or deposition related to a proceeding before the commission, a special master, or a special court of review, the commission, special master, or special court of review may compel a person other than the judge to testify or produce evidence over the person's claim of privilege against self-incrimination.
(b)  A person compelled to testify over a proper claim of privilege against self-incrimination is not subject to indictment or prosecution for a matter or transaction about which the person truthfully testifies or produces evidence.
(c)  A special master has the same powers as a district judge in matters of contempt and granting immunity.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 462, Sec. 10, eff. June 18, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter B. Powers and Duties › Section 33.027. Discovery

Sec. 33.027.  DISCOVERY.  (a)  In formal proceedings or in a proceeding before a special court of review, discovery shall be conducted, to the extent practicable, in the manner provided by the rules applicable to civil cases generally.
(b)  On request, a special master, the commission, or a special court of review shall expedite the discovery in formal proceedings or in a proceeding before a special court of review.
(c)  The following may not be the subject of a discovery request in formal proceedings or in a proceeding before a special court of review:
(1)  the discussions, thought processes, or individual votes of members of the commission;
(2)  the discussions or thought processes of employees of the commission, including special counsel for the commission;  or
(3)  the identity of a complainant or informant if the person requests that the person's identity be kept confidential.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 462, Sec. 11, eff. June 18, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter B. Powers and Duties › Section 33.028. Process and Orders

Sec. 33.028.  PROCESS AND ORDERS.  (a)  Process issued under this chapter is valid anywhere in the state.
(b)  A peace officer, an employee of the commission, or any other person whom the commission, a special master, or a special court of review designates may serve process or execute a lawful order of the commission, the special master, or the special court of review.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 462, Sec. 12, eff. June 18, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter B. Powers and Duties › Section 33.029. Witnesses' Expenses

Sec. 33.029.  WITNESSES' EXPENSES.  A witness called to testify by the commission other than an officer or employee of the state or a political subdivision or court of the state is entitled to the same mileage expenses and per diem as a witness before a state grand jury.  The commission shall pay these amounts from its appropriated funds.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 462, Sec. 13, eff. June 18, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter B. Powers and Duties › Section 33.030. Assistance to Commission, Special Master, or Special Court of Review

Sec. 33.030.  ASSISTANCE TO COMMISSION, SPECIAL MASTER, OR SPECIAL COURT OF REVIEW.  (a)  On request of the commission, the attorney general shall act as its counsel generally or in a particular investigation or proceeding.
(b)  A state or local government body or department, an officer or employee of a state or local government body, or an official or agent of a state court shall cooperate with and give reasonable assistance and information to the commission, an authorized representative of the commission, a special master, or a special court of review concerning an investigation or proceeding before the commission, special master, or special court of review.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 462, Sec. 14, eff. June 18, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter B. Powers and Duties › Section 33.031. No Award of Costs

Sec. 33.031.  NO AWARD OF COSTS.  Court costs or attorney's fees may not be awarded in a proceeding under this chapter.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 462, Sec. 15, eff. June 18, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter B. Powers and Duties › Section 33.0321. Confidentiality of Complainant's Identity

Sec. 33.0321.  CONFIDENTIALITY OF COMPLAINANT'S IDENTITY.  On the request of a complainant, the commission may keep the complainant's identity confidential.
Added by Acts 2001, 77th Leg., ch. 917, Sec. 15, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter B. Powers and Duties › Section 33.0322. Confidential Information Provided to Sunset Advisory Commission

Sec. 33.0322.  CONFIDENTIAL INFORMATION PROVIDED TO SUNSET ADVISORY COMMISSION.  (a)  Notwithstanding Section 33.032 or other law, including Section 1-a(10), Article V, Texas Constitution, the commission shall provide to the Sunset Advisory Commission staff conducting a review under Chapter 325 (Texas Sunset Act) access to the commission's confidential documents, records, meetings, and proceedings, including proceedings in which testimony is given, as the Sunset Advisory Commission staff determines necessary to conduct a complete and thorough evaluation of the commission's activities.
(b)  The confidentiality provisions of this chapter and other law do not authorize the commission to withhold from the Sunset Advisory Commission staff access to any confidential document, record, meeting, or proceeding to which the Sunset Advisory Commission staff determines access is necessary for a review under Chapter 325 (Texas Sunset Act).
(c)  The Sunset Advisory Commission staff shall maintain the confidentiality the commission is required to maintain under this chapter and other law for each document, record, meeting, or proceeding that the staff accesses or receives as part of a review under Chapter 325 (Texas Sunset Act).
(d)  The commission does not violate the attorney-client privilege, or any other privilege or confidentiality requirement protected or required by the Texas Constitution, common law, statutory law, or rules of evidence, procedure, or professional conduct, by providing to the Sunset Advisory Commission staff for purposes of a review under Chapter 325 (Texas Sunset Act) a confidential communication, including a document or record or any testimony or other information presented in a closed meeting or proceeding of the commission, that is made between the commission and its attorneys or other employees assisting the commission in its decision-making process.
Added by Acts 2013, 83rd Leg., R.S., Ch. 513 (S.B. 209), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter B. Powers and Duties › Section 33.033. Notification to Complainant

Sec. 33.033.  NOTIFICATION TO COMPLAINANT.  (a)  The commission shall promptly notify a complainant of the disposition of the case.
(b)  The communication shall inform the complainant that:
(1)  the case has been dismissed;
(2)  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.
(c)  The communication may not contain the name of a judge unless a public sanction has been issued by the commission or formal proceedings have been instituted.
(d)  If a public sanction has been issued by the commission, the communication must include a copy of the public sanction.
(e)  If the complaint is dismissed by the commission, the commission shall include in the notification under Subsection (a):
(1)  an explanation of each reason for the dismissal, including, as applicable, in plain, easily understandable language, each reason the conduct alleged in the complaint did not constitute judicial misconduct; and
(2)  information relating to requesting reconsideration of the dismissed complaint as provided by Sections 33.035(a) and (f).
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 486, Sec. 3, eff. Aug. 31, 1987;  Acts 1999, 76th Leg., ch. 462, Sec. 17, eff. June 18, 1999;  Acts 2001, 77th Leg., ch. 917, Sec. 16, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 513 (S.B. 209), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter B. Powers and Duties › Section 33.035. Reconsideration of Complaint

Sec. 33.035.  RECONSIDERATION OF COMPLAINT.  (a)  A complainant may request reconsideration of a dismissed complaint if, not later than the 30th day after the date of the communication informing the complainant of the dismissal, the complainant provides additional evidence of misconduct committed by the judge.
(b)  The commission shall deny a request for reconsideration if the complainant does not meet the requirements under Subsection (a).  The commission shall notify the complainant of the denial in writing.
(c)  The commission shall grant a request for reconsideration if the complainant meets the requirements under Subsection (a).  After granting a request, the commission shall vote to:
(1)  affirm the original decision to dismiss the complaint;  or
(2)  reopen the complaint.
(d)  The commission shall notify the complainant of the results of the commission's vote under Subsection (c) in writing.
(e)  The commission shall conduct an appropriate investigation of a complaint reopened under Subsection (c)(2).  The investigation shall be conducted by commission staff who were not involved in the original investigation.
(f)  A complainant may request reconsideration of a dismissed complaint under this section only once.
Added by Acts 2001, 77th Leg., ch. 917, Sec. 18, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter B. Powers and Duties › Section 33.036. Certain Disclosure of Information

Sec. 33.036.  CERTAIN DISCLOSURE OF INFORMATION.  (a)  To protect the public interest, the commission may disclose information relating to an investigation or proceeding under this chapter to:
(1)  a law enforcement agency;
(2)  a public official who is authorized or required by law to appoint a person to serve as a judge;
(3)  the supreme court;  or
(4)  an entity that provides commission-ordered education to judges.
(b)  Information may be disclosed under this section only to the extent necessary for the recipient of the information to perform an additional duty or function.
Added by Acts 2001, 77th Leg., ch. 917, Sec. 18, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter B. Powers and Duties › Section 33.037. Suspension Pending Appeal

Sec. 33.037.  SUSPENSION PENDING APPEAL.  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.
Added by Acts 2001, 77th Leg., ch. 917, Sec. 18, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 33 - State Commission on Judicial Conduct › Subchapter B. Powers and Duties › Section 33.038. Automatic Removal

Sec. 33.038.  AUTOMATIC REMOVAL.  A judge is automatically removed from the judge's office if the judge is convicted of or is granted deferred adjudication for:
(1)  a felony;  or
(2)  a misdemeanor involving official misconduct.
Added by Acts 2001, 77th Leg., ch. 917, Sec. 18, eff. Sept. 1, 2001.