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 Jun. 5, 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 33.0032
Conflict of Interest 33.032
Confidentiality of Papers, Records, and Proceedings 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
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Accessed:
Jun. 5, 2024

§ 33.023’s source at texas​.gov