reglab/statecodes huggingface dataset:
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 33.039. Review of Commission Operations and Procedural Rules

Sec. 33.039.  REVIEW OF COMMISSION OPERATIONS AND PROCEDURAL RULES.  The commission periodically as the commission determines appropriate shall:
(1)  assess the operations of the commission and implement any improvements needed to increase efficiency; and
(2)  review the commission's procedural rules adopted by the supreme court to determine whether rule amendments are necessary to reflect changes in law, including changes made through court opinions and statutory and constitutional amendments, and report to the supreme court the needed rule revisions and suggested language for those revisions.
Added by Acts 2013, 83rd Leg., R.S., Ch. 513 (S.B. 209), Sec. 9, 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 33.040. Annual Report

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.
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 C. Judicial Conduct › Section 33.051. Solicitation or Acceptance of Referral Fees or Gifts by Judge; Criminal Penalty

Sec. 33.051.  SOLICITATION OR ACCEPTANCE OF REFERRAL FEES OR GIFTS BY JUDGE;  CRIMINAL PENALTY.  (a)  A judge commits an offense if the judge solicits or accepts a gift or a referral fee in exchange for referring any kind of legal business to an attorney or law firm.  This subsection does not prohibit a judge from:
(1)  soliciting funds for appropriate campaign or officeholder expenses as permitted by Canon 4D, Code of Judicial Conduct, and state law;  or
(2)  accepting a gift in accordance with the provisions of Canon 4D, Code of Judicial Conduct.
(b)  It is an affirmative defense to prosecution under Subsection (a) that:
(1)  the judge solicited the gift or referral fee before taking the oath of office but accepted the gift or fee after taking the oath of office;  or
(2)  the judge solicited or accepted the gift or referral fee after taking the oath of office in exchange for referring to an attorney or law firm legal business that the judge was engaged in but was unable to complete before taking the oath of office.
(c)  An offense under this section is a Class B misdemeanor.
(d)  If, after an investigation, the commission determines that a judge engaged in conduct described by Subsection (a) to which Subsection (b) does not apply, the commission may issue a sanction against the judge or institute formal proceedings, regardless of whether the judge is being prosecuted or has been convicted of an offense under this section.
(e)  An attorney or judge who has information that a judge engaged in conduct described by Subsection (a) to which Subsection (b) does not apply shall file a complaint with the commission not later than the 30th day after the date the attorney or judge obtained the information.  A judge who fails to comply with this subsection is subject to sanctions by the commission.  An attorney who fails to comply with this subsection is subject to discipline by the Commission for Lawyer Discipline under Subchapter E, Chapter 81.
(f)  For purposes of this section:
(1)  "Judge" does not include a constitutional county court judge, a statutory county court judge who is authorized by law to engage in the private practice of law, a justice of the peace, or a municipal court judge, if that judge or justice of the peace solicits or accepts a gift or a referral fee in exchange for referring legal business that involves a matter over which that judge or justice of the peace will not preside in the court of that judge or justice of the peace.
(2)  "Referral fee" includes forwarding fees, acknowledgment fees, and any form of payment, benefit, or compensation related to the referral or placement of a potential client for legal services.
Added by Acts 2003, 78th Leg., ch. 850, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 34 - Code of Judicial Conduct; Candidates for Judicial Office › Section 34.001. Candidate Subject to Code

Sec. 34.001.  CANDIDATE SUBJECT TO CODE.  (a)  A person who has filed an application for a place on the ballot as provided by the Election Code for a judicial office listed in Subsection (b) is subject to Canon 7, Code of Judicial Conduct, and is subject to sanctions as provided by this chapter.
(b)  This chapter applies to candidates for the following offices:
(1)  chief justice or justice of the supreme court;
(2)  presiding judge or judge of the court of criminal appeals;
(3)  chief justice or justice of a court of appeals;
(4)  district judge, including a criminal district judge;
(5)  judge of a statutory county court;
(6)  county judge who performs judicial functions;
(7)  justice of the peace;  and
(8)  municipal court judge.
Added by Acts 1987, 70th Leg., ch. 425, Sec. 1, eff. June 17, 1987.  Amended by Acts 1989, 71st Leg., ch. 646, Sec. 4, eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 34 - Code of Judicial Conduct; Candidates for Judicial Office › Section 34.002. Judge

Sec. 34.002.  JUDGE.  A candidate who is a judge subject to the authority of the State Commission on Judicial Conduct who violates the Code of Judicial Conduct is subject to sanctions by the commission.
Added by Acts 1987, 70th Leg., ch. 425, Sec. 1, eff. June 17, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 34 - Code of Judicial Conduct; Candidates for Judicial Office › Section 34.003. Attorney

Sec. 34.003.  ATTORNEY.  A candidate who is an attorney and who violates Canon 7, Code of Judicial Conduct, or any other relevant provision of that code is subject to sanctions by the state bar.
Added by Acts 1987, 70th Leg., ch. 425, Sec. 1, eff. June 17, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 34 - Code of Judicial Conduct; Candidates for Judicial Office › Section 34.004. Other Candidate

Sec. 34.004.  OTHER CANDIDATE.  A candidate other than a judge under Section 34.002 or an attorney under Section 34.003 who violates Canon 7, Code of Judicial Conduct, or any other relevant provision of that code is subject to review by the attorney general or the local district attorney for appropriate disciplinary action.
Added by Acts 1987, 70th Leg., ch. 425, Sec. 1, eff. June 17, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 35 - Judicial Compensation Commission › Subchapter A. Organization › Section 35.001. Definition

Sec. 35.001.  DEFINITION.  In this chapter, "commission" means the Judicial Compensation Commission.
Added by Acts 2007, 80th Leg., R.S., Ch. 1090 (H.B. 3199), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 35 - Judicial Compensation Commission › Subchapter A. Organization › Section 35.002. Membership; Terms

Sec. 35.002.  MEMBERSHIP; TERMS.  (a)  The commission consists of nine members appointed by the governor with the advice and consent of the senate.
(b)  No more than three members serving on the commission may be licensed to practice law in this state.
(c)  Members serve for staggered terms of six years with the terms of three members expiring February 1 of each odd-numbered year.
Added by Acts 2007, 80th Leg., R.S., Ch. 1090 (H.B. 3199), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 35 - Judicial Compensation Commission › Subchapter A. Organization › Section 35.003. Vacancy

Sec. 35.003.  VACANCY.  In the event of a vacancy, the governor shall appoint a replacement to fill the unexpired portion of the term.
Added by Acts 2007, 80th Leg., R.S., Ch. 1090 (H.B. 3199), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 35 - Judicial Compensation Commission › Subchapter A. Organization › Section 35.004. Presiding Officer

Sec. 35.004.  PRESIDING OFFICER.  The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the will of the governor.  The presiding officer may vote on all matters before the commission.
Added by Acts 2007, 80th Leg., R.S., Ch. 1090 (H.B. 3199), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 35 - Judicial Compensation Commission › Subchapter A. Organization › Section 35.005. Qualifications

Sec. 35.005.  QUALIFICATIONS.  (a)  Each  member must be a registered voter of the state.
(b)  A member of the commission may not hold any other public office or be an employee of any state department, agency, board, or commission during the member's tenure on the commission.
(c)  A person may not be a member of the commission or 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.
(d)  Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Added by Acts 2007, 80th Leg., R.S., Ch. 1090 (H.B. 3199), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 35 - Judicial Compensation Commission › Subchapter A. Organization › Section 35.006. Removal

Sec. 35.006.  REMOVAL.  (a)  It is a ground for removal from the commission that a member:
(1)  does not have at the time of appointment the qualification required by Section 35.005(a);
(2)  does not maintain during service on the commission the qualification required by Section 35.005(a);
(3)  violates the prohibition established by Section 35.005(b);
(4)  is ineligible for membership under Section 35.005(c);
(5)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(6)  is absent from more than half of the regularly scheduled meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the commission.
(b)  The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.
Added by Acts 2007, 80th Leg., R.S., Ch. 1090 (H.B. 3199), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 35 - Judicial Compensation Commission › Subchapter A. Organization › Section 35.007. Administrative Support

Sec. 35.007.  ADMINISTRATIVE SUPPORT.  (a)  The Office of Court Administration of the Texas Judicial System shall provide administrative support for the commission.  The commission is entitled to receive staff support, meeting facilities, temporary work facilities, including computer, telephone, reproduction, and facsimile equipment, available data, and other resources from the office as necessary to carry out the commission's powers and duties.
(b)  The Office of Court Administration of the Texas Judicial System shall grant all reasonable requests for staff support and resources under this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1090 (H.B. 3199), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 35 - Judicial Compensation Commission › Subchapter A. Organization › Section 35.008. Compensation and Reimbursement

Sec. 35.008.  COMPENSATION AND REIMBURSEMENT.  (a)  A member of the commission may not receive compensation for the member's service on the commission.
(b)  The Office of Court Administration of the Texas Judicial System shall reimburse a member for all actual and reasonable expenses incurred in the exercise of powers and performance of duties under this chapter.
(c)  A member shall follow the reimbursement procedures of the Office of Court Administration of the Texas Judicial System.
Added by Acts 2007, 80th Leg., R.S., Ch. 1090 (H.B. 3199), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 35 - Judicial Compensation Commission › Subchapter B. Powers and Duties › Section 35.101. Meetings

Sec. 35.101.  MEETINGS.  The commission shall meet at the call of the presiding officer or at the request of a majority of the members.
Added by Acts 2007, 80th Leg., R.S., Ch. 1090 (H.B. 3199), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 35 - Judicial Compensation Commission › Subchapter B. Powers and Duties › Section 35.102. Biennial Reports

Sec. 35.102.  BIENNIAL REPORTS.  (a)  Not later than December 1 of each even-numbered year, the  commission shall make a biennial report to the legislature.  In the report, the commission shall recommend the proper salaries to be paid by the state for all justices and judges of the supreme court, the court of criminal appeals, the courts of appeals, and the district courts.
(b)  In recommending the proper salaries for all justices and judges of the supreme court, the court of criminal appeals, the courts of appeals, and the district courts, the commission shall consider the following factors:
(1)  the skill and experience required of the particular judgeship at issue;
(2)  the value of compensable service performed by justices and judges, as determined by reference to judicial compensation in other states and the federal government;
(3)  the value of comparable service performed in the private sector, including private judging, arbitration, and mediation;
(4)  the compensation of attorneys in the private sector;
(5)  the cost of living and changes in the cost of living;
(6)  the compensation from the state presently received by other public officials in the state, including:
(A)  state constitutional officeholders;
(B)  deans, presidents, and chancellors of the public university systems; and
(C)  city attorneys in major metropolitan areas for which that information is readily available;
(7)  other factors that are normally or traditionally taken into consideration in the determination of judicial compensation; and
(8)  most importantly, the level of overall compensation adequate to attract the most highly qualified individuals in the state, from a diversity of life and professional experiences, to serve in the judiciary without unreasonable economic hardship and with judicial independence unaffected by financial concerns.
Added by Acts 2007, 80th Leg., R.S., Ch. 1090 (H.B. 3199), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 36 - Judicial Reports › Section 36.001. Definitions

Sec. 36.001.  DEFINITIONS.  In this chapter:
(1)  "Competency evaluator" means a physician or psychologist who is licensed or certified in this state and who performs examinations to determine whether an individual is incapacitated or has an intellectual disability for purposes of appointing a guardian for the individual.  The term includes physicians and psychologists conducting examinations under Sections 1101.103 and 1101.104, Estates Code.
(2)  "Guardian" has the meaning assigned by Section 1002.012, Estates Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 1199 (S.B. 1369), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 36 - Judicial Reports › Section 36.002. Applicability; Conflict of Law

Sec. 36.002.  APPLICABILITY; CONFLICT OF LAW.  (a)  This chapter applies to a court in this state created by the Texas Constitution, by statute, or as authorized by statute.
(b)  To the extent of a conflict between this chapter and a specific provision relating to a court, this chapter controls.
Added by Acts 2015, 84th Leg., R.S., Ch. 1199 (S.B. 1369), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 36 - Judicial Reports › Section 36.003. Exemption

Sec. 36.003.  EXEMPTION.  The reporting requirements of Section 36.004 do not apply to:
(1)  a mediation conducted by an alternative dispute resolution system established under Chapter 152, Civil Practice and Remedies Code;
(2)  information made confidential under state or federal law, including applicable rules;
(3)  a guardian ad litem or other person appointed under a program authorized by Section 107.031, Family Code;
(4)  an attorney ad litem, guardian ad litem, amicus attorney, or mediator appointed under a domestic relations office established under Chapter 203, Family Code;
(5)  an attorney ad litem, guardian ad litem, amicus attorney, or mediator providing services without expectation or receipt of compensation; or
(6)  an attorney ad litem, guardian ad litem, amicus attorney, or mediator providing services as a volunteer of a nonprofit organization that provides pro bono legal services to the indigent.
Added by Acts 2015, 84th Leg., R.S., Ch. 1199 (S.B. 1369), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 569 (S.B. 41), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 36 - Judicial Reports › Section 36.004. Report on Appointments

Sec. 36.004.  REPORT ON APPOINTMENTS.  (a)  In addition to a report required by other state law or rule, the clerk of each court in this state shall prepare a report on court appointments for an attorney ad litem, guardian ad litem, guardian, mediator, or competency evaluator for a case before the court in the preceding month.  For a court that does not make an appointment in the preceding month, the clerk of the court must file a report indicating that no appointment was made by the court in that month.  The report on court appointments must include:
(1)  the name of each person appointed by the court as an attorney ad litem, guardian ad litem, guardian, mediator, or competency evaluator for a case in that month;
(2)  the name of the judge and the date of the order approving compensation to be paid to a person appointed as an attorney ad litem, guardian ad litem, guardian, mediator, or competency evaluator for a case in that month;
(3)  the number and style of each case in which a person was appointed as an attorney ad litem, guardian ad litem, guardian, mediator, or competency evaluator for that month;
(4)  the number of cases each person was appointed by the court to serve as an attorney ad litem, guardian ad litem, guardian, mediator, or competency evaluator in that month;
(5)  the total amount of compensation paid to each attorney ad litem, guardian ad litem, guardian, mediator, or competency evaluator appointed by the court in that month and the source of the compensation; and
(6)  if the total amount of compensation paid to a person appointed to serve as an attorney ad litem, guardian ad litem, guardian, mediator, or competency evaluator for one appointed case in that month exceeds $1,000, any information related to the case that is available to the court on the number of hours billed to the court for the work performed by the person or the person's employees, including paralegals, and the billed expenses.
(b)  Not later than the 15th day of each month, the clerk of a court shall:
(1)  submit a copy of the report to the Office of Court Administration of the Texas Judicial System; and
(2)  post the report at the courthouse of the county in which the court is located and on any Internet website of the court.
(c)  The Office of Court Administration of the Texas Judicial System shall prescribe the format that courts and the clerks of the courts must use to report the information required by this section and shall post the information collected under Subsection (b) on the office's Internet website.
Added by Acts 2015, 84th Leg., R.S., Ch. 1199 (S.B. 1369), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 36 - Judicial Reports › Section 36.005. Failure to Report

Sec. 36.005.  FAILURE TO REPORT.  If a court in this state fails to provide to the clerk of the court the information required for the report submitted under Section 36.004, the court is ineligible for any grant money awarded by this state or a state agency for the next state fiscal biennium.
Added by Acts 2015, 84th Leg., R.S., Ch. 1199 (S.B. 1369), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 36 - Judicial Reports › Section 36.006. Texas Judicial Council Rules

Sec. 36.006.  TEXAS JUDICIAL COUNCIL RULES.  The Texas Judicial Council shall, as the council considers appropriate, adopt rules to implement this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 1199 (S.B. 1369), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 37 - Appointments of Attorneys Ad Litem, Guardians Ad Litem, Mediators, and Guardians › Section 37.001. Applicability; Conflict of Law

Sec. 37.001.  APPLICABILITY; CONFLICT OF LAW.  (a)  This chapter applies to a court in this state created by the Texas Constitution, by statute, or as authorized by statute that is located in a county with a population of 25,000 or more.
(b)  To the extent of a conflict between this chapter and a specific provision relating to a court, this chapter controls.
Added by Acts 2015, 84th Leg., R.S., Ch. 1223 (S.B. 1876), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 37 - Appointments of Attorneys Ad Litem, Guardians Ad Litem, Mediators, and Guardians › Section 37.002. Exemption

Sec. 37.002.  EXEMPTION.  The appointment requirements of Section 37.004 do not apply to:
(1)  a mediation conducted by an alternative dispute resolution system established under Chapter 152, Civil Practice and Remedies Code;
(2)  a guardian ad litem or other person appointed under a program authorized by Section 107.031, Family Code;
(3)  an attorney ad litem, guardian ad litem, amicus attorney, or mediator appointed under a domestic relations office established under Chapter 203, Family Code;
(4)  a person other than an attorney or a private professional guardian appointed to serve as a guardian as defined by Section 1002.012, Estates Code;
(5)  an attorney ad litem, guardian ad litem, amicus attorney, or mediator providing services without expectation or receipt of compensation; or
(6)  an attorney ad litem, guardian ad litem, amicus attorney, or mediator providing services as a volunteer of a nonprofit organization that provides pro bono legal services to the indigent.
Added by Acts 2015, 84th Leg., R.S., Ch. 1223 (S.B. 1876), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 569 (S.B. 41), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 37 - Appointments of Attorneys Ad Litem, Guardians Ad Litem, Mediators, and Guardians › Section 37.003. Lists of Attorneys Ad Litem, Guardians Ad Litem, Mediators, and Guardians

Sec. 37.003.  LISTS OF ATTORNEYS AD LITEM, GUARDIANS AD LITEM, MEDIATORS, AND GUARDIANS.  (a)  In addition to a list required by other state law or rule, each court in this state shall establish and maintain the following lists:
(1)  a list of all attorneys who are qualified to serve as an attorney ad litem and are registered with the court;
(2)  a list of all attorneys and other persons who are qualified to serve as a guardian ad litem and are registered with the court;
(3)  a list of all persons who are registered with the court to serve as a mediator; and
(4)  a list of all attorneys and private professional guardians who are qualified to serve as a guardian as defined by Section 1002.012, Estates Code, and are registered with the court.
(b)  A court may establish and maintain more than one of a list required under Subsection (a) that is categorized by the type of case and the person's qualifications.
(c)  A local administrative judge, at the request of one or more of the courts the judge serves, shall establish and maintain the lists required under Subsection (a) for those courts.  The local administrative judge may establish and maintain one set of lists for all of the requesting courts and may maintain for the courts more than one of a list as provided in Subsection (b).
Added by Acts 2015, 84th Leg., R.S., Ch. 1223 (S.B. 1876), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 37 - Appointments of Attorneys Ad Litem, Guardians Ad Litem, Mediators, and Guardians › Section 37.005. Posting of Lists

Sec. 37.005.  POSTING OF LISTS.  A court annually shall post each list established under Section 37.003 at the courthouse of the county in which the court is located and on any Internet website of the court.
Added by Acts 2015, 84th Leg., R.S., Ch. 1223 (S.B. 1876), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 38 - Judicial Donation Trust Funds › Section 38.001. Establishment of Trust Funds

Sec. 38.001.  ESTABLISHMENT OF TRUST FUNDS.  (a) The governing body of a municipality or the commissioners court of a county may establish a judicial donation trust fund as a separate account held outside the municipal or county treasury to be used in accordance with this chapter.
(b)  The governing body of a municipality or the commissioners court of a county may accept a gift, grant, donation, or other consideration from a public or private source that is designated for the judicial donation trust fund.
(c)  Money received under Subsection (b) shall be deposited in the judicial donation trust fund and may only be disbursed in accordance with this chapter.
(d)  Interest and income from the assets of the judicial donation trust fund shall be credited to and deposited in the trust fund.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 31, eff. September 1, 2015.
Redesignated from Government Code, Section 36.001 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(10), eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 38 - Judicial Donation Trust Funds › Section 38.002. Procedures and Eligibility

Sec. 38.002.  PROCEDURES AND ELIGIBILITY.  The governing body of a municipality or the commissioners court of a county shall:
(1)  adopt the procedures necessary to receive and disburse money from the judicial donation trust fund under this chapter; and
(2)  establish eligibility requirements for disbursement of money under this chapter to assist needy children or families who appear before a county, justice, or municipal court for a criminal offense or truant conduct, as applicable, by providing money for resources and services that eliminate barriers to school attendance or that seek to prevent criminal behavior.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 31, eff. September 1, 2015.
Redesignated from Government Code, Section 36.002 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(10), eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 38 - Judicial Donation Trust Funds › Section 38.003. Use of Funds in Account

Sec. 38.003.  USE OF FUNDS IN ACCOUNT.  (a)  The judge of a county, justice, or municipal court, in accordance with Section 38.002, may award money from a judicial donation trust fund established under Section 38.001 to eligible children or families who appear before the court for a truancy violation or in another misdemeanor offense proceeding before the court.
(b)  A judge of a county, justice, or municipal court may order the municipal or county treasurer to issue payment from the judicial donation trust fund for money awarded under this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 31, eff. September 1, 2015.
Redesignated from Government Code, Section 36.003 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(10), eff. September 1, 2017.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.002(8), eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 425 (H.B. 1819), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 39 - Judicial Education Requirements › Section 39.001. Applicability

Sec. 39.001.  APPLICABILITY.  This chapter applies to a person elected to or holding any of the following judicial offices:
(1)  chief justice or justice of the supreme court;
(2)  presiding judge or judge of the court of criminal appeals;
(3)  chief justice or justice of a court of appeals;
(4)  district judge, including a criminal district judge; and
(5)  judge of a statutory county court.
Added by Acts 2023, 88th Leg., R.S., Ch. 716 (H.B. 2384), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 39 - Judicial Education Requirements › Section 39.002. Judicial Instruction Requirements

Sec. 39.002.  JUDICIAL INSTRUCTION REQUIREMENTS.  (a)  The supreme court, in consultation with the court of criminal appeals, shall adopt rules on the judicial training a person must complete not later than the first anniversary of the date the person assumes a judicial office, subject to Subsection (b).  The rules must require the person to complete at least 30 hours of instruction.
(b)  Subsection (a) does not apply to a person who has been absent from judicial office for less than one year before assuming a judicial office and who has previously completed the requirements of Subsection (a).
(c)  A judge must annually complete at least 16 hours of instruction described by Subsection (a) after the first year of the judge's term.
(d)  The rules adopted under this section may provide for a deferral or exemption for a person who is unable to timely complete the training or instruction due to a medical or physical disability.
(e)  This section does not affect any funds appropriated to or grants administered by the court of criminal appeals under Chapter 56.
Added by Acts 2023, 88th Leg., R.S., Ch. 716 (H.B. 2384), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 39 - Judicial Education Requirements › Section 39.003. Suspension

Sec. 39.003.  SUSPENSION.  The State Commission on Judicial Conduct shall issue an order suspending any judge who fails to meet the education requirements under Section 39.002 until the judge demonstrates compliance with the requirements.
Added by Acts 2023, 88th Leg., R.S., Ch. 716 (H.B. 2384), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle B - Judges › Chapter 39 - Judicial Education Requirements › Section 39.004. Removal From Office

Sec. 39.004.  REMOVAL FROM OFFICE.  (a)  For purposes of Section 1-a, Article V, Texas Constitution, a judge who is noncompliant with the education requirements under Section 39.002 for more than one year has engaged in wilful or persistent conduct that is clearly inconsistent with the proper performance of a judge's duties sufficient to subject the judge to removal from office.
(b)  The attorney general shall file a petition under Section 66.002, Civil Practice and Remedies Code, against a judge who is subject to removal as provided by Subsection (a) if presented with evidence by the State Commission on Judicial Conduct establishing probable grounds that the judge engaged in conduct described by Subsection (a).
Added by Acts 2023, 88th Leg., R.S., Ch. 716 (H.B. 2384), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter A. Office of Prosecuting Attorney › Section 41.001. Qualifications

Sec. 41.001.  QUALIFICATIONS.  A district or county attorney must be a licensed attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter A. Office of Prosecuting Attorney › Section 41.002. Notification of Address

Sec. 41.002.  NOTIFICATION OF ADDRESS.  Each district and county attorney shall notify the comptroller of his post office address as soon as practicable after his election and qualification.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 990 (H.B. 1781), Sec. 3, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter A. Office of Prosecuting Attorney › Section 41.003. Admission by Prosecutor

Sec. 41.003.  ADMISSION BY PROSECUTOR.  An admission made by a district or county attorney in a suit or action to which the state is a party does not prejudice the rights of the state.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter A. Office of Prosecuting Attorney › Section 41.004. Acceptance of Reward

Sec. 41.004.  ACCEPTANCE OF REWARD.  (a)  A district or county attorney, either before or after the case is tried and finally determined, may not take from any person a fee, article of value, compensation, reward, or gift, or a promise of any of these, to prosecute a case that he is required by law to prosecute or as consideration or a testimonial for his services in a case that he is required by law to prosecute.
(b)  Section 41.004(a) does not apply to funds provided by the government of the United States through the Texas Department of Human Services to local prosecutorial offices for the purpose of assisting to defray the costs of prosecutions.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 1066, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter A. Office of Prosecuting Attorney › Section 41.005. Collection of Money

Sec. 41.005.  COLLECTION OF MONEY.  (a)  Not later than the 30th day after the date on which a district or county attorney receives any money collected for the state or a county, the district or county attorney shall, after deducting the commissions provided by this section, pay the money into the treasury of the state or of the county to which it belongs.
(b)  The district or county attorney may retain a commission from money collected for the state or a county.  The amount of the commission in any one case is 10 percent of the first $1,000 collected, and five percent of the amount collected over $1,000.
(c)  Subsections (a) and (b) of this section also apply to money realized for the state under the laws governing escheat.
(d)  Not later than the last day of August of each year, each district and county attorney shall file in the office of the comptroller or of the county treasurer, as the case may be, a sworn account of all money received by him by virtue of his office during the preceding year and payable into the state or county treasury.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter A. Office of Prosecuting Attorney › Section 41.006. Report to Attorney General

Sec. 41.006.  REPORT TO ATTORNEY GENERAL.  At the times and in the form that the attorney general directs, the district and county attorneys shall report to the attorney general the information from their districts and counties that the attorney general desires relating to criminal matters and the interests of the state.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter A. Office of Prosecuting Attorney › Section 41.007. Opinions to County and Precinct Officials

Sec. 41.007.  OPINIONS TO COUNTY AND PRECINCT OFFICIALS.  A district or county attorney, on request, shall give to a county or precinct official of his district or county a written opinion or written advice relating to the official duties of that official.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter A. Office of Prosecuting Attorney › Section 41.008. Record

Sec. 41.008.  RECORD.  (a)  Each district or county attorney shall keep a record of all actions or demands prosecuted or defended by the person as district or county attorney, and all proceedings held in relation to the attorney's official acts.
(b)  The record required by Subsection (a) may be in a paper format, an electronic format, or both.  A computer record of actions, demands, and proceedings satisfies the requirements of Subsection (a).
(c)  The record shall be available at all times for inspection by any person appointed to examine it by the governor or by the commissioners court of a county.
(d)  Each district and county attorney shall deliver any portion of the record under the attorney's control to the attorney's successor in office.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2003, 78th Leg., ch. 301, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter A. Office of Prosecuting Attorney › Section 41.009. Prosecution of Officers Entrusted With Public Funds

Sec. 41.009.  PROSECUTION OF OFFICERS ENTRUSTED WITH PUBLIC FUNDS.  If a district or county attorney learns that an officer in his district or county who is entrusted with the collection or safekeeping of public funds is neglecting or abusing the trust confided in him or is failing to discharge his duties under the law, the district or county attorney shall institute the proceedings that are necessary to compel the performance of the officer's duties and to preserve and protect the public interest.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter A. Office of Prosecuting Attorney › Section 41.010. Appointment of Initial District or Criminal District Attorney

Sec. 41.010.  APPOINTMENT OF INITIAL DISTRICT OR CRIMINAL DISTRICT ATTORNEY.  If a new office of district attorney or criminal district attorney is created, the governor shall appoint a person to fill the office until the next general election.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter A. Office of Prosecuting Attorney › Section 41.011. Private Practice in County or District Office

Sec. 41.011.  PRIVATE PRACTICE IN COUNTY OR DISTRICT OFFICE.  A district or county attorney who is not prohibited by law from engaging in the private practice of law may, at the discretion of the commissioners court of a particular county, conduct a private practice of law using the district or county office provided by that county for conducting his official duties.
Added by Acts 1987, 70th Leg., ch. 213, Sec. 1, eff. Aug. 31, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter A. Office of Prosecuting Attorney › Section 41.012. Liability Insurance

Sec. 41.012.  LIABILITY INSURANCE.  A county or district attorney may purchase, for himself and for his staff members, liability insurance, or similar coverage from a governmental pool operating under Chapter 119, Local Government Code, or a self-insurance fund or risk retention group operating under Chapter 2259, to insure against claims arising from the performance of his official duties from state or county funds appropriated or allocated for the expenses of his office or from accounts maintained by the county or district attorney, including but not limited to the fund created by charges assessed by the county or district attorney in connection with the collection of "insufficient fund" negotiable instruments.
Added by Acts 1987, 70th Leg., ch. 296, Sec. 1, eff. Aug. 31, 1987.  Renumbered from Sec. 41.011 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(21), eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 561, Sec. 1, eff. Aug. 30, 1993;  Acts 2001, 77th Leg., ch. 1420, Sec. 8.229, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter A. Office of Prosecuting Attorney › Section 41.013. Compensation of Certain Prosecutors

Sec. 41.013.  COMPENSATION OF CERTAIN PROSECUTORS.  (a)  Except as otherwise provided by law, a district attorney or criminal district attorney is entitled to receive from the state:
(1)  annual compensation in an amount equal to at least 80 percent of the state annual salary as set by the General Appropriations Act in accordance with Section 659.012 paid to a district judge with comparable years of service as the district attorney or criminal district attorney; and
(2)  a monthly amount of longevity pay based on the district attorney's or criminal district attorney's years of service that would be paid to the district attorney or criminal district attorney under Section 659.0445 if the district attorney or criminal district attorney were a judge or justice described by Section 659.0445(a).
(b)  For purposes of this section, the years of service of a district attorney or criminal district attorney include any years of service as:
(1)  a district attorney, criminal district attorney, or county attorney; or
(2)  an appellate court justice, district judge, judge of a statutory county court, judge of a multicounty statutory county court, or judge or justice of a statutory probate court.
Added by Acts 1989, 71st Leg., ch. 1254, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1121 (H.B. 2384), Sec. 8, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 6.001, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 971 (S.B. 2310), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter A. Office of Prosecuting Attorney › Section 41.014. Pro Bono Legal Services

Sec. 41.014.  PRO BONO LEGAL SERVICES.  (a)  In this section:
(1)  "Pro bono legal services to the indigent" includes civil legal services rendered without expectation of compensation either directly to the indigent or to a charitable public interest organization regarding matters primarily addressing the needs of the indigent.
(2)  "Prosecutor" means a county attorney, district attorney, criminal district attorney, assistant county attorney, assistant district attorney, or assistant criminal district attorney.
(b)  A prosecutor may provide pro bono legal services to the indigent if providing the services does not interfere with the prosecutor's official duties or regularly compensated hours of employment.
(c)  Providing pro bono legal services to the indigent as authorized by this section is not within the scope of employment of the prosecutor, and the state or a political subdivision of the state is not liable for damages that result from providing the services.
(d)  Providing pro bono legal services to the indigent under this section does not constitute the private practice of law.
Added by Acts 1993, 73rd Leg., ch. 540, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter A. Office of Prosecuting Attorney › Section 41.015. Call to Active Duty Not Vacancy or Absence

Sec. 41.015.  CALL TO ACTIVE DUTY NOT VACANCY OR ABSENCE.  (a)  In this section, "active duty state attorney" means a district attorney, criminal district attorney, or county attorney who is on active duty or being mobilized or deployed for active duty as a member of:
(1)  the National Guard;
(2)  the armed forces of the United States;
(3)  a reserve component of the armed forces of the United States or the National Guard; or
(4)  any part of state military forces.
(b)  A court shall excuse from appearance or attendance during the term of the court an active duty state attorney who has:
(1)  delegated the attorney's responsibilities to:
(A)  the attorney's first assistant; or
(B)  another state attorney in the attorney's jurisdiction or in a jurisdiction overlapping the attorney's jurisdiction who agrees to accept the delegation of responsibilities; and
(2)  notified the presiding judge of the court's administrative judicial region of:
(A)  the attorney's military duty, mobilization, or deployment; and
(B)  the identity of the attorney to whom responsibilities were delegated under Subdivision (1).
(c)  An active duty state attorney who complies with Subsection (b) is not absent from office and has not vacated office.
Added by Acts 2011, 82nd Leg., R.S., Ch. 425 (S.B. 910), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter B. Staff of Prosecuting Attorney › Section 41.101. Definition

Sec. 41.101.  DEFINITION.  In this subchapter, "prosecuting attorney" means a county attorney, district attorney, or criminal district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.