AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
H.B. 62 amends current law relating to a justice or judge having an interest in a business entity that owns, manages, or operates a private correctional or rehabilitation facility.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 21, Government Code, by adding Section 21.010, as follows:
Sec. 21.010. FINANCIAL INTEREST IN PRIVATE CORRECTIONAL AND REHABILITATION FACILITIES PROHIBITED. (a) Prohibits a justice or judge, as applicable, of the Supreme Court of Texas, the court of criminal appeals, a court of appeals, a district court, a county court, a county court at law, or a statutory probate court from, on the date the person takes office as a justice or judge or while serving as a justice or judge, from having a significant interest in a business entity that owns, manages, or operates:
(1) a community residential facility described by Section 508.119 (Community Residential Facilities);
(2) a correctional or rehabilitation facility subject to Chapter 244 (Location of Certain Facilities and Shelters), Local Government Code; or
(3) any other facility intended to accomplish a purpose or provide a service described by Section 508.119(a) (relating to providing that the purpose of a community residential facility is to provide housing, supervisions, counseling, personal, social, and work adjustment training and other programs to certain releasees) to a person convicted of a misdemeanor or felony or found to have engaged in delinquent conduct who is housed in the facility while serving a sentence of confinement following conviction of an offense or an adjudication of delinquent conduct or as a condition of community supervision, probation, parole, or mandatory supervision.
(b) Provides that a justice or judge is considered to have a significant interest in a business entity described by Subsection (a) for purposes of this section if:
(1) the justice or judge owns any voting stock or share or has a direct investment in the business entity that represents the lesser of at least 10 percent or $15,000 of the fair market value of the business entity; or
(2) the justice or judge receives money from the business entity.
(c) Provides that a violation of this section by a justice or judge is considered a violation of Canon 4D(1) (relating to requiring a judge to refrain from certain financial and business dealings), Code of Judicial Conduct. Requires a justice or judge who has an interest in a business entity that is prohibited by this section to report the interest to the State Commission on Judicial Conduct.
SECTION 2. Effective date: January 1, 2015.