S.B. No. 1436
  relating to the appeal of a censure issued by the State Commission
  on Judicial Conduct.
         SECTION 1.  Subdivision (11), Section 33.001, Government
  Code, is amended to read as follows:
               (11)  "Special court of review" means a panel of three
  justices of the courts of appeal selected by lot by the chief
  justice of the supreme court on petition to review a censure or
  sanction issued by the commission under Section 1-a(8), Article V,
  Texas Constitution.
         SECTION 2.  Section 33.034, Government Code, is amended by
  amending Subsections (a), (d), (e), (f), and (g) and adding
  Subsection (e-1) to read as follows:
         (a)  A judge who receives from the commission any type of
  sanction, or a censure issued by the commission under Section
  1-a(8), Article V, Texas Constitution, 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.
         (d)  Within 15 days after the appointment of the court of
  review, the commission shall file with the clerk a charging
  document that includes, as applicable, a copy of the censure or
  sanction issued and any additional charges to be considered by the
  court of review [in the de novo proceeding].  The charging document
  is public on its filing with the clerk.  On receipt of the filing of
  the charging document, the clerk shall send the charging document
  to the judge who is the subject of the document and to each justice
  on the court of review.
         (e)  The review by the court under this section:
               (1)  of a censure is a review of the record of the
  proceedings that resulted in the censure and is based on the law and
  facts that were presented in the proceedings and any additional
  evidence that the court in its discretion may, for good cause shown,
  permit; and
               (2)  of a sanction is by trial de novo as that term is
  used in the appeal of cases from justice to county court.
         (e-1)  Any hearings of the court shall be public and shall be
  held at the location determined by the court. Any evidence
  introduced during a hearing, including papers, records, documents,
  and pleadings filed with the clerk in the proceedings, is public.
         (f)  Except as otherwise provided by this section, the
  procedure for the review of a sanction is governed to the extent
  practicable by the rules of law, evidence, and procedure that apply
  to the trial of civil actions generally.
         (g)  A judge is not entitled to a trial by jury in a review of
  a sanction under this section.
         SECTION 3.  The change in law made by this Act applies only
  to a censure issued by the State Commission on Judicial Conduct
  under Subdivision (8), Section 1-a, Article V, Texas Constitution,
  on or after the effective date of this Act. A censure issued before
  the effective date of this Act is governed by the law in effect on
  the date the censure was issued, and the former law is continued in
  effect for that purpose.
         SECTION 4.  This Act takes effect immediately if it 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, this
  Act takes effect September 1, 2009.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 1436 passed the Senate on
  April 16, 2009, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
         I hereby certify that S.B. No. 1436 passed the House on
  May 27, 2009, by the following vote:  Yeas 148, Nays 0, one
  present not voting.
  Chief Clerk of the House