HB 2064 — 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.

Summary

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.

Bill Text

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 14 section(s) of the Texas statutes: Section 330.001(b), Government Code, Section 33.0211, Government Code, Section 33.02115, Government Code, Section 33.0212, Government Code, Section 33.0213, Government Code, Section 33.022, Government Code.

• Section 330.001(b), Government Code

  or → , including failure to meet deadlines set by statute or binding court order ; or (7) persistent or wilful violation of Article 17.15, Code of Criminal Procedure

  amended

• Section 33.0211, Government Code

  (5) (6) → additional documentation supporting the complaint submitted under Subsection (a-1); (5) (6) (7) (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.

  amended

• Section 33.02115, Government Code

  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.

  added

• Section 33.0212, Government Code

  120th day after the date a complaint is filed with the commission 90th staff files with the commission the report required by Subsection (a) staff provide an investigation report and recommendation to the commission the complaint was filed with the 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 270 the complaint was filed with the The commission shall finalize the complaint not later than the 270th day following the date the complaint was filed with the commission. 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) chairperson grants additional time under Subsection (d) legislature the legislature → 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) 10th day before a scheduled commission meeting : (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) results of the preliminary , including whether commission staff commenced a full investigation under Subsection (a-1); (3) the commission staff's , including any recommendation for further investigation or termination of the investigation and dismissal of the complaint 120th of the first meeting at which a complaint is included in the report filed with the commission under Subsection (a-2) finalize the investigation report and (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). the finalize an investigation report and determine the action to be taken regarding a complaint under Subsection (b) of the first meeting at which a complaint is included in the report filed with the commission under Subsection (a-2) the commission may order an extension 240 of the first meeting at which a complaint is included in the report filed with the commission under Subsection (a-2) commission orders an extension of time under Subsection (c) following : (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) a person informed under Subsection (d)

  amended

• Section 33.0213, Government Code

  . The commission may → : (1) ; or (2) shall regarding the conduct subject to the complaint and may issue a censure or sanction based on the complaint

  amended

• Section 33.022, Government Code

  the determines the shall and → staff determine staff shall recommend the commission 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. not more than seven business days after the commission staff commences a full investigation under this subsection, (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

  amended

• Section 33.034, Government Code

  or any other type of sanction is entitled to → may request (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.

  amended

• Section 33.037, Government Code

  PENDING APPEAL → FROM OFFICE (a) (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.

  amended

• Section 72.0396, Government Code

  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).

  added

• Section 74.055(c), Government Code

  (B) → , 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; (C)

  amended

• Section 659.012(a), Government Code

  $140,000 → $161,000

  amended

• Section 665.052(b), Government Code

  or → ; or (4) persistent or wilful violation of Article 17.15, Code of Criminal Procedure

  amended

• Section 814.103, Government Code

  (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.

  amended

• Section 834.102, Government Code

  (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.

  amended

Action History

1. March 14, 2025

   Referred to Judiciary & Civil Jurisprudence

2. March 14, 2025

   Read first time

3. January 24, 2025

   Filed

Sponsors

• Janis Holt · Primary

Subjects