Tex. Gov't Code Section 33.023
Physical or Mental Incapacity of Judge


(a)

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.

(b)

The commission shall give the judge written notice of the examination not later than 10 days before the date of the examination. The notice must include the physician’s name and the date, time, and place of the examination.

(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.

(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.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 462, Sec. 7, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 917, Sec. 13, eff. Sept. 1, 2001.

Source: Section 33.023 — Physical or Mental Incapacity of Judge, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­33.­htm#33.­023 (accessed Mar. 23, 2024).

33.001
Definitions
33.002
Commission
33.003
Sunset Provision
33.004
Compensation and Expenses of Commission Members, Special Masters, and Other Employees
33.005
Annual Report
33.006
Immunity from Liability
33.007
Distribution of Materials to Judges and the Public
33.008
Judicial Misconduct Information
33.021
General Powers of Commission
33.022
Investigations and Formal Proceedings
33.023
Physical or Mental Incapacity of Judge
33.024
Oaths and Subpoenas
33.025
Enforcement of Subpoena
33.026
Witness Immunity
33.027
Discovery
33.028
Process and Orders
33.029
Witnesses’ Expenses
33.030
Assistance to Commission, Special Master, or Special Court of Review
33.031
No Award of Costs
33.032
Confidentiality of Papers, Records, and Proceedings
33.0032
Conflict of Interest
33.033
Notification to Complainant
33.034
Review of Commission Decision
33.035
Reconsideration of Complaint
33.036
Certain Disclosure of Information
33.037
Suspension Pending Appeal
33.038
Automatic Removal
33.039
Review of Commission Operations and Procedural Rules
33.040
Annual Report
33.0041
Removal of Commission Member
33.0042
Requirements for Office or Employment: Information
33.0043
Commission Member Training
33.0044
Division of Responsibility
33.0045
Equal Employment Opportunity Policy Statement
33.051
Solicitation or Acceptance of Referral Fees or Gifts by Judge
33.0055
Public Meeting
33.0211
Complaints
33.0212
Report and Recommendations on Filed Complaints
33.0213
Notification of Law Enforcement Agency Investigation
33.0321
Confidentiality of Complainant’s Identity
33.0322
Confidential Information Provided to Sunset Advisory Commission
33.02105
Candidate for Judicial Office

Accessed:
Mar. 23, 2024

§ 33.023’s source at texas​.gov