89th Legislature Regular Session

SB 293

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 293 proposes comprehensive reforms aimed at improving transparency, accountability, and efficiency in the Texas judiciary. The bill amends multiple sections of the Government Code, focusing on judicial discipline, reporting obligations, and procedural timelines in court. It strengthens the mechanisms of oversight by the State Commission on Judicial Conduct (SCJC) and expands the role of the Office of Court Administration (OCA) in monitoring judicial compliance.

One key reform mandates that courts, including district, statutory county, and the new business courts, rule on motions for summary judgment within 90 days of oral argument or submission. Courts must document and report any deviation from this timeline, and the OCA is tasked with compiling annual reports on compliance. This measure aims to reduce judicial delays and increase predictability in litigation.

The bill also redefines "official misconduct" and "willful or persistent conduct" to include violations such as failure to timely manage court business, noncompliance with ethics or judicial rules, and certain statutory violations. Importantly, it removes the option for private reprimands, requiring all disciplinary actions issued by the SCJC to be public. The SCJC is also directed to adopt rules for consistent sanctioning and to improve transparency in how complaints are processed.

Furthermore, SB 293 authorizes the OCA to impose administrative penalties for failure to report required judicial transparency data, with proceeds directed to the Fair Defense Account. These changes mark a significant step toward making the judicial system more transparent and accountable to the public while raising concerns about the balance between judicial independence and administrative oversight.

The House Committee Substitute for SB 293 expands upon the original Senate Engrossed version by significantly increasing judicial transparency mandates and procedural specificity. While the core subject—judicial conduct oversight—remains consistent across both versions, the House substitute adds notable requirements around reporting, enforcement, and procedural timeliness.

One key addition in the House version is the imposition of strict deadlines and tracking for summary judgment motions. Courts must now rule on such motions within 90 days of being argued or considered, and clerks must report compliance to the Office of Court Administration (OCA). These provisions were absent from the Senate version and represent a clear shift toward more rigorous time management and accountability in trial courts.

Furthermore, the House version introduces an annual report requirement by the OCA to monitor court compliance with these new procedural deadlines. This goes beyond the Senate version's more general emphasis on complaint handling and disciplinary action. Additionally, the House version establishes administrative penalties for noncompliance with transparency reporting obligations—an enforcement mechanism not present in the Senate Engrossed version.

The Senate version focuses more narrowly on refining the definitions and process used by the State Commission on Judicial Conduct (SCJC), such as clarifying the definition of “official misconduct,” instituting a statute of limitations for complaints, and authorizing penalties for knowingly filing false complaints. While these features remain in the House version, they are joined by broader transparency measures that increase the administrative burden on the judiciary and empower the OCA to a greater extent.

Lastly, the House version removes all references to private reprimands and mandates that all sanctions by the SCJC be public, while the Senate version only lays the groundwork for this policy shift, contingent upon a constitutional amendment. The House substitute thus presents a more assertive and comprehensive approach to judicial oversight, extending beyond disciplinary procedures to include systemic performance monitoring.
Author
Joan Huffman
Co-Author
Paul Bettencourt
Charles Perry
Charles Schwertner
Royce West
Sponsor
Jeff Leach
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 293 would have a significant fiscal impact on the state, primarily due to mandated increases in judicial salaries and changes to retirement benefits. Over the biennium ending August 31, 2027, the bill is estimated to result in a negative net impact of approximately $157.8 million to General Revenue–related funds. The primary cost driver is the proposed increase in the base salary for district judges—from $140,000 to $182,000—which triggers corresponding increases for appellate judges, statutory court judges, prosecutors, and retirement annuities tied to judicial salaries.

The salary increases would require approximately $51.1 million per year in General Revenue to cover enhanced compensation across a range of judicial and prosecutorial roles. In addition, a one-time cost of $65.9 million to the Judicial Retirement System Plan II (JRS II) is projected in fiscal year 2026 to account for retirement adjustments based on the new salary levels. The bill also creates an annual ongoing increase of $5.5 million to JRS II moving forward. Additional General Revenue is allocated to support administrative enhancements at the State Commission on Judicial Conduct (SCJC) and the Office of Court Administration (OCA), including new personnel and IT systems to manage complaint investigations and transparency reporting requirements.

Specifically, SCJC would require $3.2 million in FY2026 and $656,000 in FY2027 to accommodate new enforcement mandates and faster processing timelines, including funds for staffing, case management technology, and office expansion. Meanwhile, OCA is projected to need $254,000 in FY2026 and $88,000 in FY2027 to develop infrastructure for collecting and reporting judicial workload data. Although the bill does authorize administrative penalties for knowingly false complaints, the expected revenue from such penalties is indeterminate and not sufficient to offset the considerable costs.

Despite its fiscal burden, the bill is not expected to have a significant financial impact on local governments. Overall, the bill imposes substantial state-level costs associated with implementing judicial oversight reforms, boosting salaries, and modernizing judicial administration systems.

Vote Recommendation Notes

SB 293 reflects a substantially improved and more responsible version of the original proposal. It makes meaningful strides in strengthening judicial accountability, improving transparency, and modernizing the mechanisms by which Texas monitors and disciplines members of its judiciary. The revised version also addresses the central ethical and fiscal concern that previously warranted a “NO unless amended” recommendation: the automatic increase in legislative pensions tied to judicial salary hikes.

At its core, the bill enhances public trust in the judiciary by reforming the State Commission on Judicial Conduct (SCJC) with new requirements for timely complaint resolution, the publication of all sanctions, and more structured procedures for handling judicial misconduct. These reforms bring Texas into closer alignment with best practices in judicial oversight. Additionally, SB 293 mandates that district court judges submit quarterly performance data and empowers the Office of Court Administration (OCA) to collect and report this data, thereby improving transparency and enabling better resource allocation and public scrutiny.

Financially, while the bill carries a projected cost of over $157 million through the 2026–2027 biennium, primarily due to increases in judicial salaries and associated retirement costs, those costs are part of a long-overdue adjustment to make judicial compensation competitive and to retain talent in the judiciary. These salary increases are accompanied by enhancements to the reporting and performance expectations of judges, aligning increased compensation with greater accountability.

Crucially, the updated bill decouples legislative pensions from judicial salaries by fixing the base amount for calculating legislative retirement benefits at $140,000. This prevents any automatic increase in lawmaker pensions resulting from judicial pay raises—a significant improvement from the original version, which raised ethical concerns about lawmakers voting on a bill that would financially benefit themselves. This change restores the bill’s integrity and aligns it with good governance principles.

In light of these improvements, particularly the removal of the legislative pension linkage, Texas Policy Research now recommends that lawmakers vote YES on SB 293. It delivers long-needed reforms to judicial discipline, fosters transparency, and improves public confidence in the legal system, all while addressing the fiscal and ethical concerns raised earlier in the legislative process.

  • Individual Liberty: The bill enhances individual liberty by reinforcing judicial accountability and transparency, which are essential for safeguarding due process and fair treatment under the law. By expanding definitions of judicial misconduct, eliminating private reprimands (pending voter approval), and requiring public reporting of all sanctions, the bill ensures that judges are held accountable in a way that empowers individuals who interact with the judicial system. The strengthened complaint procedures and timelines also help protect citizens from prolonged or mishandled grievances, ensuring timely access to justice.
  • Personal Responsibility: The bill promotes personal responsibility, particularly among public officials. Judges are now held to higher standards through new performance reporting requirements, enforcement of summary judgment deadlines, and penalties for willful violations of the law, including bail-setting procedures. By mandating public disclosure of reprimands and holding judges accountable to timelines and transparency measures, the legislation reinforces that those in power must responsibly fulfill their duties or face consequences.
  • Free Enterprise: Though not directly targeting economic regulation, the bill has a positive, indirect impact on free enterprise. A judiciary that is more timely, transparent, and accountable fosters a more predictable legal environment, which benefits businesses and investors. The new requirement for courts to resolve summary judgment motions within specific timeframes reduces unnecessary litigation delays—a key concern for commercial litigants. Moreover, the credibility of the judicial system is vital for enforcing contracts and property rights, which are pillars of a free-market economy.
  • Private Property Rights: The bill does not directly affect private property rights, but it does reinforce the institutional frameworks that support them. A well-functioning and accountable judiciary is critical for enforcing property laws, resolving disputes, and protecting against unlawful government or private encroachments. In this respect, the bill’s improvements to judicial performance and oversight support the structural integrity of private property rights without altering them substantively.
  • Limited Government: The bill walks a fine line on the principle of limited government. On one hand, it expands the administrative and enforcement authority of the SCJC and OCA, which could be seen as growing the bureaucratic footprint. On the other hand, this expansion is carefully aimed at enforcing transparency and performance standards within the judiciary, not among private citizens. Notably, the bill introduces penalties for false complaints—a safeguard that balances stronger oversight with protections against abuse. Additionally, by decoupling legislative pensions from judicial salaries, the bill avoids unjust enrichment of lawmakers, thereby preserving public trust and preventing government overreach in fiscal matters.
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