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.

89(R) SB 293 - Enrolled version - Bill Text

S.B. No. 293

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 22.302(a), Government Code, is amended

to read as follows:

(a) At the discretion of its chief justice or presiding

judge, the supreme court, the court of criminal appeals, or a court

of appeals may order that oral argument be presented through the use

of teleconferencing technology. The [
court and the
] parties or

their attorneys may participate in oral argument from any location

through the use of teleconferencing technology.
Unless exigent

circumstances require otherwise, the court shall participate in

oral argument presented through teleconferencing technology from a

courtroom or other facility provided to the court by this state.

SECTION 2. Subchapter D, Chapter 23, Government Code, is

amended by adding Section 23.303 to read as follows:

Sec.

23.303.

PROCEDURES RELATED TO MOTIONS FOR SUMMARY

JUDGMENT; ANNUAL REPORT.

(a)

The business court, a district court,

or a statutory county court shall, with respect to a motion for

summary judgment:

(1)

hear oral argument on the motion or consider the

motion without oral argument not later than the 45th day after the

date the response to the motion was filed; and

(2)

file with the clerk of the court and provide to the

parties a written ruling on the motion not later than the 90th day

after the date the motion was argued or considered.

(b)

If a motion for summary judgment is considered by a

court described by Subsection (a) without oral argument, the court

shall record in the docket the date the motion was considered

without argument.

(c)

A clerk of a court described by Subsection (a) shall

report the court's compliance with the times prescribed by this

section to the Office of Court Administration of the Texas Judicial

System not less than once per quarter using the procedure the office

prescribes for the submission of reports under this subsection.

(d)

The Office of Court Administration of the Texas Judicial

System shall prepare an annual report regarding compliance of

courts and clerks with the requirements of this section during the

preceding state fiscal year. Not later than December 31 of each

year, the office shall submit the report prepared under this

section to the governor, lieutenant governor, and speaker of the

house of representatives and make the report publicly available.

(e)

Notwithstanding Section 22.004, Subsection (a) or (b)

may not be modified or repealed by supreme court rule.

SECTION 3. Section 33.001(a), Government Code, is amended

by amending Subdivisions (8) and (9) and adding Subdivision (8-a)

to read as follows:

(8) "Judge" means a justice, judge, master,

magistrate,
justice of the peace,
or retired or former judge as

described by Section 1-a, Article V, Texas Constitution, or other

person who performs the functions of the justice, judge, master,

magistrate,
justice of the peace,
or retired or former judge.

(8-a)

"Official misconduct" has the meaning assigned

by Article 3.04, Code of Criminal Procedure.

(9) "Review tribunal" means a panel of seven justices

of the courts of appeal selected [
by lot
] by the chief justice of

the supreme court to review a recommendation of the commission for

the removal or retirement of a judge under Section 1-a(9), Article

V, Texas Constitution.

SECTION 4. Section 33.001(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, performance measures or standards, or clearance rate

requirements set by statute, administrative rule, 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
;

(7)

persistent or wilful violation of Article 17.15,

Code of Criminal Procedure; or

(8)

persistent or wilful violation of Section

22.302(a)
.

SECTION 5. 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 6. Subchapter B, Chapter 33, Government Code, is

amended by adding Sections 33.02111 and 33.02115 to read as

follows:

Sec.

33.02111.

STATUTE OF LIMITATIONS. (a)

Except as

provided by Subsection (b), the commission may not investigate and

shall dismiss a complaint filed on or after the seventh anniversary

of the date:

(1) the alleged misconduct occurred; or

(2)

the complainant knew, or with the exercise of

reasonable diligence should have known, of the alleged misconduct.

(b)

The commission may investigate and not dismiss a

complaint described by Subsection (a) if the commission determines

good cause exists for investigating the complaint.

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 7. 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.
]

(c-1)

If a complaint against a judge alleges multiple

instances of misconduct or the commission determines multiple

complaints have been submitted against the judge, the commission

may order an additional extension of not more than 90 days after the

date the extension under Subsection (c) expires.

(c-2)

Each member of the commission shall certify an

investigation report finalized in accordance with this section by

signing the report. The signature required under this subsection

may be electronic.

(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) or (c-1)
[
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 8. 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 9. 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 10. Section 33.023, Government Code, is amended to

read as follows:

Sec. 33.023.
SUBSTANCE ABUSE;
PHYSICAL OR MENTAL INCAPACITY

OF JUDGE
; SUSPENSION
. (a)
For each filed complaint alleging

substance abuse by, or the physical or mental incapacity of, a judge

and questioning the judge's ability to perform the judge's official

duties, the commission shall conduct a preliminary investigation of

the complaint and present the results of the preliminary

investigation to each member of the commission not later than the

30th day after the date the complaint is filed.

(b)

If, after reviewing the results of the preliminary

investigation, the commission determines the judge's alleged

substance abuse or physical or mental incapacity brings into

question the judge's ability to perform the judge's official

duties, the commission shall provide the judge written notice of

the complaint and subpoena the judge to appear before the

commission at the commission's next regularly scheduled meeting.

(c)

If, following the judge's appearance before the

commission at the next regularly scheduled meeting, the commission

decides to require the judge to submit to a physical or mental

examination, the commission shall:

(1)

suspend the judge from office with pay for a period

not to exceed 90 days;

(2)

provide the judge written notice of the

suspension;

(3)
[
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
;

and

(4) provide
[
.

[
(b) The commission shall give
] the judge written notice of

the examination not later than 10 days before the date of the

examination.

(d)
The notice
provided under Subsection (c)(4)
must

include the physician's name and the date, time, and place of the

examination.

(e)
[
(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.

(f)

If, after receiving the written report of an examining

physician or the physician's deposition testimony concerning the

report, the commission determines the judge is unable to perform

the judge's official duties because of substance abuse or physical

or mental incapacity, the commission shall:

(1)

recommend to the supreme court suspension of the

judge from office; or

(2)

enter into an indefinite voluntary agreement with

the judge for suspension of the judge with pay until the commission

determines the judge is physically and mentally competent to resume

the judge's official duties.

(g)
[
(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
and recommend to the supreme court suspension of the

judge from office
.

SECTION 11. 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;

(7)

the presiding judge of the administrative judicial

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

and

(8)

each judge of a constitutional county court in the

geographic region in which the reprimanded judge serves.

SECTION 12. 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 13. Subchapter B, Chapter 33, Government Code, is

amended by adding Section 33.041 to read as follows:

Sec.

33.041.

JUDICIAL DIRECTORY; NOTICE.

(a)

The Office of

Court Administration of the Texas Judicial System shall:

(1)

establish a judicial directory that contains the

contact information, including the e-mail address, for each judge

in this state; and

(2)

provide the commission with access to the

directory for the purpose of providing to a judge written notice

required by this subchapter.

(b)

Written notice required by this subchapter may be

provided to a judge by e-mail.

SECTION 14. 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 July 20 or January 20, as applicable, information for the

preceding six-month period 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 submission of

information under Subsection (a), including rules:

(1)

establishing a penalty for the submission of false

information under that subsection; and

(2)

providing guidance on the form and manner of

submitting information under that subsection.

SECTION 15. Section 73.003(e), Government Code, is amended

to read as follows:

(e) At the discretion of its chief justice, a court to which

a case is transferred may hear oral argument through the use of

teleconferencing technology as provided by Section 22.302. [
The

court and the parties or their attorneys may participate in oral

argument from any location through the use of teleconferencing

technology.
] The actual and necessary expenses of the court in

hearing an oral argument through the use of teleconferencing

technology shall be paid by the state from funds appropriated for

the transfer of case, as specified in Subsection (d).

SECTION 16. 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 17. Section 659.012, Government Code, is amended by

amending Subsections (a) and (d) and adding Subsections (b-2) and

(d-1) 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
$175,000
[
$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
additional compensation
[
an annual

base salary
] from the state in the amount equal to
seven percent of

[
$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
].

(b-2)

Notwithstanding any other provision of this section,

the additional compensation from the state paid to a chief justice

or presiding judge of an appellate court in accordance with

Subsection (a)(5) is not included as part of the judge's or

justice's combined base salary from all state and county sources

for purposes of determining whether the judge's or justice's salary

exceeds the limitation.

(d) Notwithstanding any other provision in this section or

other law, [
in a county with more than five district courts,
] a

district judge who serves as a local administrative district judge

under Section 74.091 is entitled to an annual base salary from the

state
in the amount provided under Subsection (a) or (b) and an

additional annual
[
in the
] amount
from the state
equal to
:

(1)

in a county with three or four district courts,

three percent of the annual base
[
$5,000 more than the maximum
]

salary
for a judge of a district court
[
from the state to which the

judge is otherwise entitled
] under Subsection (a)
;

(2)

in a county with more than four but fewer than 10

district courts, five percent of the annual base salary for a judge

of a district court under Subsection (a); or

(3)

in a county with 10 or more district courts, seven

percent of the annual base salary for a judge of a district court

under Subsection (a)
[
or (b)
].

(d-1)

Notwithstanding any other provision in this section

or other law, a judge of a division of the business court who serves

as administrative presiding judge under Section 25A.009 is entitled

to an annual base salary from the state in the amount provided under

Subsection (a) or (b) and an additional annual amount equal to the

amount provided under Subsection (d)(3).

SECTION 18. 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 19. Section 814.103, Government Code, is amended by

amending Subsections (a), (a-1), and (b) and adding Subsections

(a-2) and (a-3) to read as follows:

(a) Except as provided by Subsection (a-1) or (b)
and

subject to Subsection (a-2)
, the standard service retirement

annuity for service credited in the elected class of membership is

an amount equal to the number of years of service credit in that

class, times 2.3 percent of
$175,000
[
the state base salary,

excluding longevity

pay payable under Section 659.0445 and as

adjusted from time to time, being paid to a district judge as set by

the General Appropriations Act in accordance with Section

659.012(a)
].

(a-1) Except as provided by Subsection (b), the standard

service retirement annuity for service credited in the elected

class of membership for a member of the class under Section

812.002(a)(3) whose effective date of retirement is on or after

September 1, 2019, is an amount equal to the number of years of

service credit in that class, times 2.3 percent of the state salary,

excluding longevity pay payable under Section 659.0445 [
and as

adjusted from time to time
], being paid in accordance with Section

659.012 to a district judge who has the same number of years of

contributing service credit as the member on the member's last day

of service as a district or criminal district attorney, as

applicable.

(a-2)

Beginning August 31, 2030, and every fifth

anniversary of that date, the Texas Ethics Commission shall

consider an equitable increase in the dollar amount on which the

standard service retirement annuity is based under Subsection (a)

and increase the dollar amount as the commission considers

appropriate.

When determining an equitable increase in the dollar

amount, the Texas Ethics Commission may consider any increase in

compensation for elected officials and officers for salaries

included in the General Appropriations Act.

(a-3)

The Texas Ethics Commission shall develop, adopt, and

make public a methodology for adjusting the dollar amount on which

the standard service retirement annuity is computed under

Subsection (a) not later than September 1, 2026, and apply the

methodology for each equitable adjustment under Subsection (a-2).

(b) The standard service retirement annuity for service

credited in the elected class may not exceed at any time 100 percent

of
, as applicable:

(1)

the dollar amount on which the annuity is based

under Subsection (a), subject to adjustment under Subsection (a-2);

or

(2)
the state salary of a district judge on which the

annuity is based under Subsection [
(a) or
] (a-1) [
, as applicable
].

SECTION 20. Section 820.053(c), Government Code, is amended

to read as follows:

(c) For purposes of this section, a member of the elected

class of membership under Section 812.002(a)(2) shall have the

member's accumulated account balance computed as if the

contributions to the account were based on
the dollar amount on

which the standard service retirement annuity is based under

Section 814.103(a), subject to adjustment under Section

814.103(a-2)
[
the state base salary, excluding longevity pay

payable under Section 659.0445, being paid a district judge as set

by the General Appropriations Act in accordance with Sections

659.012(a)
].

SECTION 21. 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 effective date of legislation the 90th

Legislature or a later legislature enacts that increases the state

base salary paid to a district judge as set by the General

Appropriations Act in accordance with Section 659.012.

(f)

On the effective date of legislation the 90th

Legislature or a later legislature enacts that increases the state

base salary paid to a district judge, as described by Subsection

(e), this subsection and Subsection (e) expire.

SECTION 22. Section 837.102(a), Government Code, is amended

to read as follows:

(a) A retiree who resumes service as a judicial officer

other than by assignment described in Section 837.101 may not

rejoin or receive credit in the retirement system for the resumed

service,
except
[
unless an election is made
] as provided by Section

837.103.

SECTION 23. Section 837.103, Government Code, is amended by

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

(b-2), (c-1), and (c-2) to read as follows:

(b) Notwithstanding Sections 837.001(c) and 837.002(2) and

subject to
the requirements of this section
[
Subsection (d)
], a

retiree
who resumes full-time service as a judicial officer other

than by assignment described in Section 837.101
[
described by

Section 837.102(a)
] may elect to rejoin the retirement system as a

member [
and receive service credit in the system for resuming

service as a judicial officer
] if, before taking the oath of office,

the retiree has been separated from judicial service for at least

six full consecutive months.

(b-1)
The retiree shall provide notice of
an
[
the
] election

to
rejoin
the
retirement
system
under this section:

(1)

not later than the 60th day after the date the

retiree takes the oath of office; and

(2)
in the
form and
manner prescribed by the system.

(b-2)

A person who rejoins the retirement system under this

section shall resume making member contributions at the rate of 9.5

percent of the person's state compensation.

(c) For a person who
rejoins the retirement system
[
makes an

election
] under this section
and completes at least 24 months of

resumed judicial service
, on
the person's subsequent retirement

from resumed service
[
the resumption of annuity payments that have

been suspended under Section 837.102
], the retirement system shall

recompute the annuity selected at the time of the person's original

retirement
to reflect:

(1)

the highest annual state salary earned by the

person while holding a judicial office included within the

membership of the retirement system; and

(2)
[
to include
] the [
person's
] additional service

credit established during
the person's period of resumed service

[
membership under this section
].

(c-1)

For a person who rejoins the retirement system under

this section but who does not complete at least 24 months of resumed

service, on the person's subsequent retirement from resumed

service, the retirement system shall:

(1)

resume annuity payments suspended under Section

837.102; and

(2)

issue the person a refund of the person's

accumulated member contributions made during the person's period of

resumed service.

(c-2)
If, at the time of the person's original retirement,
a

[
the
] person
described by Subsection (c) or (c-1)
selected an

optional retirement annuity payable under Section 839.103(a)(3) or

(4), the retirement system shall reduce the number of months of

payments by the number of months for which the annuity was paid

before the person resumed service.

SECTION 24. Section 840.1025(b), Government Code, is

amended to read as follows:

(b) A member who elects to make contributions under

Subsection (a) shall contribute
9.5
[
six
] percent of the member's

state compensation for each payroll period in the manner provided

by Sections 840.102(b)-(f).

SECTION 25. Section 840.1027(b), Government Code, is

amended to read as follows:

(b) A member who elects to make contributions under

Subsection (a) shall contribute
9.5
[
six
] percent of the member's

state compensation for each payroll period in the manner provided

by Sections 840.102(b)-(f).

SECTION 26. Section 837.103(e), Government Code, is

repealed.

SECTION 27. Section 23.303, Government Code, as added by

this Act, applies only to a motion for summary judgment filed on or

after the effective date of this Act. A motion for summary judgment

filed before the effective date of this Act is governed by the law

in effect on the date the motion was filed, and that law is

continued in effect for that purpose.

SECTION 28. Not later than March 1, 2026, the Texas Supreme

Court and the Texas Court of Criminal Appeals shall adopt rules

necessary to implement Section 22.302(a), Government Code, as

amended by this Act, and Section 23.303, Government Code, as added

by this Act.

SECTION 29. As soon as practicable after September 1, 2025,

the State Commission on Judicial Conduct shall adopt rules to

implement Section 33.001(b), Government Code, as amended by this

Act.

SECTION 30. 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 September 1, 2025, regardless of whether the

conduct or act that is the subject of the allegation occurred or was

committed before, on, or after September 1, 2025.

SECTION 31. Section 33.02111, Government Code, as added by

this Act, and Section 33.023, Government Code, as amended by this

Act, apply only to a complaint filed with the State Commission on

Judicial Conduct on or after September 1, 2025.

SECTION 32. As soon as practicable after the effective date

of this Act, the Office of Court Administration of the Texas

Judicial System shall:

(1) prescribe procedures as required by Section

23.303(c), Government Code, as added by this Act; and

(2) establish the judicial directory required by

Section 33.041, Government Code, as added by this Act.

SECTION 33. As soon as practicable after September 1, 2025,

the Texas Supreme Court shall adopt rules for purposes of Section

72.0396, Government Code, as added by this Act.

SECTION 34. 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 September 1, 2025, and may not be assigned to any court on or

after September 1, 2025.

SECTION 35. (a) Except as provided by Subsection (c) of

this section, Sections 837.102 and 837.103, Government Code, as

amended by this Act, apply only to:

(1) a former retiree of the Judicial Retirement System

of Texas Plan Two who, on the effective date of this Act, holds a

judicial office and has resumed membership in the retirement

system; or

(2) a retiree who, on or after the effective date of

this Act, resumes service as a judicial officer holding a judicial

office included in the membership of the retirement system.

(b) A person described by Subsection (a)(1) of this section

may purchase service credit for resumed judicial service performed

before the effective date of this Act, including service performed

before June 18, 2023, by depositing with the Judicial Retirement

System of Texas Plan Two, for each month of service credit, member

contributions calculated by multiplying 9.5 percent by the person's

monthly judicial state salary on the effective date of this Act.

Not later than September 1, 2027, the person must purchase service

credit under this subsection and make the required deposits.

(c) Section 837.103(b-1)(1), Government Code, as added by

this Act, applies only to an election to rejoin the Judicial

Retirement System of Texas Plan Two under Section 837.103,

Government Code, made on or after the effective date of this Act.

SECTION 36. Section 30 of this Act takes effect immediately

if this Act receives a vote of two-thirds of all the members elected

to each house, as provided by Section 39, Article III, Texas

Constitution. If this Act does not receive the vote necessary for

immediate effect, Section 30 of this Act has no effect.

SECTION 37. Except as otherwise provided by this Act, this

Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 293 passed the Senate on

March 12, 2025, by the following vote: Yeas 30, Nays 1;

May 30, 2025, Senate concurred in part and refused to concur in

part in House amendments; June 1, 2025, Senate requested

appointment of Conference Committee; June 1, 2025, House granted

request of the Senate; June 2, 2025, Senate adopted Conference

Committee Report by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 293 passed the House, with

amendments, on May 27, 2025, by the following vote: Yeas 128,

Nays 4, one present not voting; June 1, 2025, House granted request

of the Senate for appointment of Conference Committee; June 2,

2025, House adopted Conference Committee Report by the following

vote: Yeas 114, Nays 26, four present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor