Tex. Gov't Code Section 33.051
Solicitation or Acceptance of Referral Fees or Gifts by Judge; Criminal Penalty


(a)

A judge commits an offense if the judge solicits or accepts a gift or a referral fee in exchange for referring any kind of legal business to an attorney or law firm. This subsection does not prohibit a judge from:

(1)

soliciting funds for appropriate campaign or officeholder expenses as permitted by Canon 4D, Code of Judicial Conduct, and state law; or

(2)

accepting a gift in accordance with the provisions of Canon 4D, Code of Judicial Conduct.

(b)

It is an affirmative defense to prosecution under Subsection (a) that:

(1)

the judge solicited the gift or referral fee before taking the oath of office but accepted the gift or fee after taking the oath of office; or

(2)

the judge solicited or accepted the gift or referral fee after taking the oath of office in exchange for referring to an attorney or law firm legal business that the judge was engaged in but was unable to complete before taking the oath of office.

(c)

An offense under this section is a Class B misdemeanor.

(d)

If, after an investigation, the commission determines that a judge engaged in conduct described by Subsection (a) to which Subsection (b) does not apply, the commission may issue a sanction against the judge or institute formal proceedings, regardless of whether the judge is being prosecuted or has been convicted of an offense under this section.

(e)

An attorney or judge who has information that a judge engaged in conduct described by Subsection (a) to which Subsection (b) does not apply shall file a complaint with the commission not later than the 30th day after the date the attorney or judge obtained the information. A judge who fails to comply with this subsection is subject to sanctions by the commission. An attorney who fails to comply with this subsection is subject to discipline by the Commission for Lawyer Discipline under Subchapter E (Disciplinary Jurisdiction), Chapter 81 (State Bar).

(f)

For purposes of this section:

(1)

“Judge” does not include a constitutional county court judge, a statutory county court judge who is authorized by law to engage in the private practice of law, a justice of the peace, or a municipal court judge, if that judge or justice of the peace solicits or accepts a gift or a referral fee in exchange for referring legal business that involves a matter over which that judge or justice of the peace will not preside in the court of that judge or justice of the peace.

(2)

“Referral fee” includes forwarding fees, acknowledgment fees, and any form of payment, benefit, or compensation related to the referral or placement of a potential client for legal services.
Added by Acts 2003, 78th Leg., ch. 850, Sec. 1, eff. Sept. 1, 2003.

Source: Section 33.051 — Solicitation or Acceptance of Referral Fees or Gifts by Judge; Criminal Penalty, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­33.­htm#33.­051 (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

§ 33.051’s source at texas​.gov