Holt Bill Makes Persistent Bail Rule Violations Grounds For Discipline

The text as introduced · 3,869 words

By: Holt
H.B. No. 2064

A BILL TO BE ENTITLED

AN ACT

relating to the discipline of judges by the State Commission on

Judicial Conduct, notice of certain reprimands, judicial

compensation and related retirement benefits, and the reporting of

certain judicial transparency information; authorizing an

administrative penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 330.001(b), Government Code, is amended

to read as follows:

(b) For purposes of Section 1-a, Article V, Texas

Constitution, "wilful or persistent conduct that is clearly

inconsistent with the proper performance of a judge's duties"

includes:

(1) wilful, persistent, and unjustifiable failure to

timely execute the business of the court, considering the quantity

and complexity of the business , including failure to meet deadlines

set by statute or binding court order ;

(2) wilful violation of a provision of the Texas penal

statutes or the Code of Judicial Conduct;

(3) persistent or wilful violation of the rules

promulgated by the supreme court;

(4) incompetence in the performance of the duties of

the office;

(5) failure to cooperate with the commission; [ or ]

(6) violation of any provision of a voluntary

agreement to resign from judicial office in lieu of disciplinary

action by the commission ; or

(7) persistent or wilful violation of Article 17.15,

Code of Criminal Procedure .

SECTION 2. Section 33.0211, Government Code, is amended by

amending Subsection (a) and adding Subsection (a-1) to read as

follows:

(a) The commission shall maintain a file on each written

complaint filed with the commission. The file must include:

(1) the name of the person who filed the complaint;

(2) the date the complaint is received by the

commission;

(3) the subject matter of the complaint;

(4) additional documentation supporting the complaint

submitted under Subsection (a-1);

(5) the name of each person contacted in relation to

the complaint;

(6) [ (5) ] a summary of the results of the review or

investigation of the complaint; and

(7) [ (6) ] an explanation of the reason the file was

closed, if the commission closed the file without taking action

other than to investigate the complaint.

(a-1) Not later than the 45th day after the date a person

files a complaint with the commission, the person may submit to the

commission additional documentation to support the complaint.

SECTION 3. Subchapter B, Chapter 33, Government Code, is

amended by adding Section 33.02115 to read as follows:

Sec. 33.02115. FALSE COMPLAINT; ADMINISTRATIVE PENALTY.

(a) The commission may impose administrative sanctions, including

an administrative penalty under Subsection (b), against a person

who knowingly files a false complaint with the commission under

this subchapter.

(b) The commission may impose on a person described by

Subsection (a) an administrative penalty in the amount of:

(1) not more than $500 for the first false complaint;

(2) not more than $2,500 for the second false

complaint; and

(3) not less than $5,000 but not more than $10,000 for

each false complaint filed subsequent to the second.

(c) An order imposing an administrative penalty or other

sanction under this section is a public record. The commission

shall publish notice of the penalty or other sanction on the

commission's Internet website.

SECTION 4. Section 33.0212, Government Code, is amended to

read as follows:

Sec. 33.0212. REPORT AND RECOMMENDATIONS ON FILED

COMPLAINTS. (a) As soon as practicable after a complaint is filed

with the commission, commission staff shall conduct a preliminary

investigation of the filed complaint and draft recommendations for

commission action.

(a-1) If, after completing a preliminary investigation

under Subsection (a), commission staff determines that given the

content of a complaint a full investigation is necessary before the

next commission meeting, commission staff may commence the

investigation. Not less than seven business days after the date

commission staff commences a full investigation under this

subsection, the staff shall provide written notice of the full

investigation to the judge who is the subject of the complaint.

Notice provided under this subsection shall comply with the

requirements of Section 33.022(c)(1)(B).

(a-2) Not later than the 10th day before a scheduled

commission meeting [ 120th day after the date a complaint is filed

with the commission ], commission staff shall prepare and file with

each member of the commission a report detailing :

(1) each complaint for which a preliminary

investigation has been conducted under Subsection (a) but for which

the investigation report has not been finalized under Subsection

(b);

(2) the results of the preliminary investigation of

the complaint , including whether commission staff commenced a full

investigation under Subsection (a-1); and

(3) the commission staff's recommendations for

commission action regarding the complaint , including any

recommendation for further investigation or termination of the

investigation and dismissal of the complaint .

(b) Not later than the 120th [ 90th ] day following the date

of the first commission meeting at which a complaint is included in

the report filed with the commission under Subsection (a-2) [ staff

files with the commission the report required by Subsection (a) ],

the commission shall finalize the investigation report and

determine any action to be taken regarding the complaint,

including:

(1) a public sanction;

(2) a private sanction;

(3) a suspension;

(4) an order of education;

(5) an acceptance of resignation in lieu of

discipline;

(6) a dismissal; or

(7) an initiation of formal proceedings.

(b-1) After the commission meeting at which an

investigation report is finalized and an action is determined under

Subsection (b), the commission shall provide to the judge who is the

subject of a complaint:

(1) written notice of the action to be taken regarding

the complaint not more than:

(A) five business days after the commission

meeting if the commission determines no further action will be

taken on the complaint; or

(B) seven business days after the commission

meeting if the commission determines to take any further action on

the complaint, including by pursuing further investigation; and

(2) as the commission determines appropriate,

published notice of the action to be taken by posting the notice on

the commission's Internet website not less than five business days

after notice is provided under Subdivision (1).

(c) If, because of extenuating circumstances, the

commission [ staff ] is unable to finalize an investigation report

and determine the action to be taken regarding a complaint under

Subsection (b) [ provide an investigation report and recommendation

to the commission ] before the 120th day following the date of the

first [ the complaint was filed with the ] commission meeting at

which a complaint is included in the report filed with the

commission under Subsection (a-2) , the commission may order an

extension [ the staff shall notify the commission and propose the

number of days required for the commission and commission staff to

complete the investigation report and recommendations and finalize

the complaint. The staff may request an extension ] of not more than

240 [ 270 ] days from the date of the first [ the complaint was filed

with the ] commission meeting at which a complaint is included in the

report filed with the commission under Subsection (a-2) . [ The

commission shall finalize the complaint not later than the 270th

day following the date the complaint was filed with the

commission. ]

(d) [ The executive director may request that the

chairperson grant an additional 120 days to the time provided under

Subsection (c) for the commission and commission staff to complete

the investigation report and recommendations and finalize the

complaint.

[ (e) ] If the commission orders an extension of time under

Subsection (c) [ chairperson grants additional time under

Subsection (d) ], the commission must timely inform the following

[ legislature ] of the extension :

(1) the governor;

(2) the lieutenant governor;

(3) the speaker of the house of representatives;

(4) the presiding officer of each legislative standing

committee with primary jurisdiction over the judiciary;

(5) the chief justice of the supreme court;

(6) the Office of Court Administration of the Texas

Judicial System; and

(7) the presiding judge of the administrative judicial

region in which is located the court the judge who is the subject of

the complaint serves .

(e) The commission may not disclose to a person informed

under Subsection (d) [ the legislature ] any confidential

information regarding the complaint.

SECTION 5. Section 33.0213, Government Code, is amended to

read as follows:

Sec. 33.0213. NOTIFICATION OF LAW ENFORCEMENT AGENCY

INVESTIGATION. On notice by any law enforcement agency

investigating an action for which a complaint has been filed with

the commission, the commission :

(1) may place the commission's complaint file on hold

and decline any further investigation that would jeopardize the law

enforcement agency's investigation ; or

(2) shall [ . The commission may ] continue an

investigation that would not jeopardize a law enforcement

investigation regarding the conduct subject to the complaint and

may issue a censure or sanction based on the complaint .

SECTION 6. Section 33.022, Government Code, is amended by

amending Subsections (b) and (c) and adding Subsections (b-1) and

(b-2) to read as follows:

(b) If, after conducting a preliminary investigation under

this section, [ the ] commission staff determine [ determines ] that an

allegation or appearance of misconduct or disability is unfounded

or frivolous, [ the ] commission staff shall recommend the commission

[ shall ] terminate the investigation and dismiss the complaint .

(b-1) If, after conducting a preliminary investigation

under this section, commission staff determine administrative

deficiencies in the complaint preclude further investigation,

commission staff may terminate the investigation and dismiss the

complaint without action by the commission.

(b-2) If a complaint is dismissed under Subsection (b) or

(b-1), the commission shall notify the judge in writing of the

dismissal not more than five business days after the dismissal

date.

(c) If, after conducting a preliminary investigation under

this section, the commission does not determine that an allegation

or appearance of misconduct or disability is unfounded or

frivolous, the commission:

(1) shall:

(A) conduct a full investigation of the

circumstances surrounding the allegation or appearance of

misconduct or disability; and

(B) not more than seven business days after the

commission staff commences a full investigation under this

subsection, notify the judge in writing of:

(i) the commencement of the investigation;

[ and ]

(ii) the nature of the allegation or

appearance of misconduct or disability being investigated; and

(iii) the judge's right to attend each

commission meeting at which the complaint is included in the report

filed with commission members under Section 33.0212(a-2); and

(2) may:

(A) order the judge to:

(i) submit a written response to the

allegation or appearance of misconduct or disability; or

(ii) appear informally before the

commission;

(B) order the deposition of any person; or

(C) request the complainant to appear informally

before the commission.

SECTION 7. Section 33.034, Government Code, is amended by

amending Subsection (a) and adding Subsection (j) to read as

follows:

(a) A judge who receives from the commission a sanction or

censure issued by the commission under Section 1-a(8), Article V,

Texas Constitution, may request [ or any other type of sanction is

entitled to ] a review of the commission's decision as provided by

this section. This section does not apply to a decision by the

commission to institute formal proceedings.

(j) If the commission issues a public reprimand of a judge

based on the judge's persistent or wilful violation of Article

17.15, Code of Criminal Procedure, the commission shall send notice

of the reprimand to:

(1) the governor;

(2) the lieutenant governor;

(3) the speaker of the house of representatives;

(4) the presiding officer of each legislative standing

committee with primary jurisdiction over the judiciary;

(5) the chief justice of the supreme court;

(6) the Office of Court Administration of the Texas

Judicial System; and

(7) the presiding judge of the administrative judicial

region in which is located the court the reprimanded judge serves.

SECTION 8. Section 33.037, Government Code, is amended to

read as follows:

Sec. 33.037. SUSPENSION FROM OFFICE [ PENDING APPEAL ]. (a)

If a judge who is convicted of a felony or a misdemeanor involving

official misconduct appeals the conviction, the commission shall

suspend the judge from office without pay pending final disposition

of the appeal.

(b) Not later than the 21st day after the date the

commission initiates formal proceedings against a judge based on

the judge's persistent or wilful violation of Article 17.15, Code

of Criminal Procedure, the commission shall recommend to the

supreme court that the judge be suspended from office pursuant to

Section 1-a, Article V, Texas Constitution.

SECTION 9. Subchapter C, Chapter 72, Government Code, is

amended by adding Section 72.0396 to read as follows:

Sec. 72.0396. JUDICIAL TRANSPARENCY INFORMATION. (a) Each

district court judge shall submit to the presiding judge of the

administrative judicial region in which the judge's court sits not

later than the 20th day of each calendar quarter information for the

preceding quarter in which the judge attests to:

(1) the number of hours the judge presided over the

judge's court at the courthouse or another court facility; and

(2) the number of hours the judge performed judicial

duties other than those described by Subdivision (1), including the

number of hours the judge:

(A) performed case-related duties;

(B) performed administrative tasks; and

(C) completed continuing education.

(b) The presiding judge of each administrative judicial

region shall submit the information submitted under Subsection (a)

to the office in the manner prescribed by the supreme court.

(c) The office shall provide administrative support for the

submission and collection of information under Subsection (a),

including providing a system for electronic submission of the

information.

(d) Not later than December 1 of each year, the office shall

prepare and submit to the governor, the lieutenant governor, the

speaker of the house of representatives, and each presiding officer

of a legislative standing committee with primary jurisdiction over

the judiciary a written report compiling the information submitted

under Subsection (b).

(e) The supreme court shall adopt rules establishing

guidelines and providing instructions regarding the reporting of

information under Subsection (a), including rules:

(1) establishing a penalty for the submission of false

information under Subsection (a); and

(2) providing guidance on the form and manner of

reporting under Subsection (a).

SECTION 10. Section 74.055(c), Government Code, is amended

to read as follows:

(c) To be eligible to be named on the list, a retired or

former judge must:

(1) have served as an active judge for at least 96

months in a district, statutory probate, statutory county, or

appellate court;

(2) have developed substantial experience in the

judge's area of specialty;

(3) not have been removed from office;

(4) certify under oath to the presiding judge, on a

form prescribed by the state board of regional judges, that:

(A) the judge has never been publicly reprimanded

or censured by the State Commission on Judicial Conduct , excluding

any reprimand or censure reviewed and rescinded by a special court

of review under Section 33.034 ;

(B) the judge has not received more than one of

any other type of public sanction, excluding any sanction reviewed

and rescinded by a special court of review under Section 33.034; and

(C) [ (B) ] the judge:

(i) did not resign or retire from office

after the State Commission on Judicial Conduct notified the judge

of the commencement of a full investigation into an allegation or

appearance of misconduct or disability of the judge as provided in

Section 33.022 and before the final disposition of that

investigation; or

(ii) if the judge did resign from office

under circumstances described by Subparagraph (i), was not publicly

reprimanded or censured as a result of the investigation;

(5) annually demonstrate that the judge has completed

in the past state fiscal year the educational requirements for

active district, statutory probate, and statutory county court

judges; and

(6) certify to the presiding judge a willingness not

to appear and plead as an attorney in any court in this state for a

period of two years.

SECTION 11. Section 659.012(a), Government Code, is amended

to read as follows:

(a) Notwithstanding Section 659.011 and subject to

Subsections (b) and (b-1):

(1) a judge of a district court or a division of the

business court is entitled to an annual base salary from the state

as set by the General Appropriations Act in an amount equal to at

least $161,000 [ $140,000 ], except that the combined base salary of

a district judge or judge of a division of the business court from

all state and county sources, including compensation for any

extrajudicial services performed on behalf of the county, may not

exceed the amount that is $5,000 less than the maximum combined base

salary from all state and county sources for a justice of a court of

appeals other than a chief justice as determined under this

subsection;

(2) except as provided by Subdivision (3), a justice

of a court of appeals other than the chief justice is entitled to an

annual base salary from the state in the amount equal to 110 percent

of the state base salary of a district judge as set by the General

Appropriations Act, except that the combined base salary of a

justice of the court of appeals other than the chief justice from

all state and county sources, including compensation for any

extrajudicial services performed on behalf of the county, may not

exceed the amount that is $5,000 less than the base salary for a

justice of the supreme court as determined under this subsection;

(3) a justice of the Court of Appeals for the Fifteenth

Court of Appeals District other than the chief justice is entitled

to an annual base salary from the state in the amount equal to

$5,000 less than 120 percent of the state base salary of a district

judge as set by the General Appropriations Act;

(4) a justice of the supreme court other than the chief

justice or a judge of the court of criminal appeals other than the

presiding judge is entitled to an annual base salary from the state

in the amount equal to 120 percent of the state base salary of a

district judge as set by the General Appropriations Act; and

(5) the chief justice or presiding judge of an

appellate court is entitled to an annual base salary from the state

in the amount equal to $2,500 more than the state base salary

provided for the other justices or judges of the court, except that

the combined base salary of the chief justice of a court of appeals

from all state and county sources may not exceed the amount equal to

$2,500 less than the base salary for a justice of the supreme court

as determined under this subsection.

SECTION 12. Section 665.052(b), Government Code, is amended

to read as follows:

(b) In this section, "incompetency" means:

(1) gross ignorance of official duties;

(2) gross carelessness in the discharge of official

duties; [ or ]

(3) inability or unfitness to discharge promptly and

properly official duties because of a serious physical or mental

defect that did not exist at the time of the officer's election ; or

(4) persistent or wilful violation of Article 17.15,

Code of Criminal Procedure .

SECTION 13. Section 814.103, Government Code, is amended by

adding Subsections (d) and (e) to read as follows:

(d) Notwithstanding Subsection (a) or (a-1) or any other

law:

(1) any increase in the state base salary being paid to

a district judge as set by the General Appropriations Act in

accordance with Section 659.012 by the 89th Legislature, Regular

Session, 2025, does not apply to a standard service retirement

annuity computed under this section for a retiree or beneficiary if

the retiree on whose service the annuity is based retired before

September 1, 2025; and

(2) the amount of the state base salary being paid to a

district judge as set by Chapter 1170 (H.B. 1), Acts of the 88th

Legislature, Regular Session, 2023 (the General Appropriations

Act), for the fiscal year ending August 31, 2025, in accordance

with Section 659.012 continues to apply to the annuities described

by Subdivision (1) until the 90th Legislature or a later

legislature enacts legislation that increases the state base salary

being paid to a district judge as set by the General Appropriations

Act in accordance with Section 659.012.

(e) On the date the 90th Legislature or a later legislature

enacts legislation that increases the state base salary being paid

to a district judge, as described by Subsection (d), this

subsection and Subsection (d) expire.

SECTION 14. Section 834.102, Government Code, is amended by

adding Subsections (e) and (f) to read as follows:

(e) Notwithstanding Subsection (a) or (d) or any other law:

(1) any increase in the state base salary being paid to

a district judge as set by the General Appropriations Act in

accordance with Section 659.012 by the 89th Legislature, Regular

Session, 2025, does not apply to a service retirement annuity

computed under this section of a retiree or beneficiary if the

retiree on whose service the annuity is based retired before

September 1, 2025; and

(2) the amount of the state base salary being paid to a

district judge as set by Chapter 1170 (H.B. 1), Acts of the 88th

Legislature, Regular Session, 2023 (the General Appropriations

Act), for the fiscal year ending August 31, 2025, in accordance with

Section 659.012 continues to apply to the annuities described by

Subdivision (1) until the 90th Legislature or a later legislature

enacts legislation that increases the state base salary being paid

to a district judge as set by the General Appropriations Act in

accordance with Section 659.012.

(f) On the date the 90th Legislature or a later legislature

enacts legislation that increases the state base salary being paid

to a district judge, as described by Subsection (e), this

subsection and Subsection (e) expire.

SECTION 15. As soon as practicable after the effective date

of this Act, the State Commission on Judicial Conduct shall adopt

rules to implement Section 33.001(b), Government Code, as amended

by this Act.

SECTION 16. As soon as practicable after the effective date

of this Act, the Texas Supreme Court shall adopt rules for purposes

of Section 72.0396, Government Code, as added by this Act.

SECTION 17. Sections 33.001(b) and 665.052(b), Government

Code, as amended by this Act, apply only to an allegation of

judicial misconduct received by the State Commission on Judicial

Conduct on or after the effective date of this Act, regardless of

whether the conduct or act that is the subject of the allegation

occurred or was committed before, on, or after the effective date of

this Act.

SECTION 18. A former or retired judge on a list maintained

by a presiding judge under Section 74.055(a), Government Code, who

is ineligible to be named on the list under Section 74.055(c),

Government Code, as amended by this Act, shall be struck from the

list on the effective date of this Act and may not be assigned to any

court on or after the effective date of this Act.

SECTION 19. This Act takes effect September 1, 2025.