| |
| |
| |
|
|
AN ACT
|
|
|
relating to a justice or judge having an interest in a business |
|
|
entity that owns, manages, or operates a private correctional or |
|
|
rehabilitation facility. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 21, Government Code, is amended by |
|
|
adding Section 21.010 to read as follows: |
|
|
Sec. 21.010. FINANCIAL INTEREST IN PRIVATE CORRECTIONAL AND |
|
|
REHABILITATION FACILITIES PROHIBITED. (a) A justice or judge, as |
|
|
applicable, of the supreme court, 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 may not, on the date the person |
|
|
takes office as a justice or judge or while serving as a justice or |
|
|
judge, have a significant interest in a business entity that owns, |
|
|
manages, or operates: |
|
|
(1) a community residential facility described by |
|
|
Section 508.119; |
|
|
(2) a correctional or rehabilitation facility subject |
|
|
to Chapter 244, Local Government Code; or |
|
|
(3) any other facility intended to accomplish a |
|
|
purpose or provide a service described by Section 508.119(a) to a |
|
|
person convicted of a misdemeanor or felony or found to have engaged |
|
|
in delinquent conduct who is housed in the facility: |
|
|
(A) while serving a sentence of confinement |
|
|
following conviction of an offense or an adjudication of delinquent |
|
|
conduct; or |
|
|
(B) as a condition of community supervision, |
|
|
probation, parole, or mandatory supervision. |
|
|
(b) 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) A violation of this section by a justice or judge is |
|
|
considered a violation of Canon 4D(1), Code of Judicial Conduct. A |
|
|
justice or judge who has an interest in a business entity that is |
|
|
prohibited by this section must report the interest to the State |
|
|
Commission on Judicial Conduct. |
|
|
SECTION 2. This Act takes effect January 1, 2015. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 62 was passed by the House on April |
|
|
25, 2013, by the following vote: Yeas 136, Nays 0, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 62 was passed by the Senate on May 17, |
|
|
2013, by the following vote: Yeas 29, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |