By: Toth	H.B. No. 5008

	A BILL TO BE ENTITLED
	AN ACT
	relating to conduct of and complaints against current and former
	judges.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 33.0212 and 33.0213, Government Code,
	are 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)  On completion of the preliminary investigation and
	submission of recommendations under Subsection (a), commission
	staff shall provide to the judge who is the subject of the complaint
	written notice of:
	(1)  the complaint, the results of the preliminary
	investigation, and the commission staff's recommendations for
	commission action regarding the complaint; and
	(2)  the judge's right to attend each commission
	meeting at which the complaint is included in the report filed with
	the commission members under Subsection (a-2).
	(a-2)  Not later than the 10th business 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; and
	(3)  the commission staff's recommendations for
	commission action regarding 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 48 hours after the commission meeting;
	and
	(2)  as the commission determines appropriate, notice
	of the action to be taken published on the commission's Internet
	website not more than 72 hours after the commission meeting.
	(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