Texas 2025 - 89th Regular

Texas Senate Bill SB1576 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5304 BCH-D
2	2	By: Zaffirini S.B. No. 1576
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the qualifications of certain masters, magistrates,
10	10	referees, and associate judges.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 54, Government Code, is amended by
13	13	adding Subchapter A to read as follows:
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 54.001. QUALIFICATIONS. (a) Except as provided by
16	16	Subsection (b) or another provision of this chapter and in addition
17	17	to any other qualification required by law, a master, magistrate,
18	18	referee, or associate judge appointed under this chapter must have
19	19	been licensed to practice law in this state for at least five years
20	20	before the date of appointment.
21	21	(b) A master, magistrate, referee, or associate judge
22	22	appointed under the following provisions of this chapter must have
23	23	been licensed to practice law in this state for at least two years
24	24	before the date of appointment:
25	25	(1) Section 54.991;
26	26	(2) Section 54.1231;
27	27	(3) Section 54.1501;
28	28	(4) Section 54.1851;
29	29	(5) Section 54.2001;
30	30	(6) Section 54.2301; or
31	31	(7) Section 54.2802.
32	32	SECTION 2. Section 54.302, Government Code, is amended to
33	33	read as follows:
34	34	Sec. 54.302. QUALIFICATIONS. To be eligible for
35	35	appointment as a magistrate, a person must[:
36	36	[(1)] be a resident of this state[; and
37	37	[(2) have been licensed to practice law in this state
38	38	for at least four years].
39	39	SECTION 3. Section 54.652, Government Code, is amended to
40	40	read as follows:
41	41	Sec. 54.652. QUALIFICATIONS. To be eligible for
42	42	appointment as a magistrate, a person must[:
43	43	[(1)] be a resident of this state[; and
44	44	[(2) have been licensed to practice law in this state
45	45	for at least four years].
46	46	SECTION 4. Section 54.802, Government Code, is amended to
47	47	read as follows:
48	48	Sec. 54.802. QUALIFICATIONS. A master must[:
49	49	[(1)] be a citizen and resident of this state[; and
50	50	[(2) have been licensed to practice law in this state
51	51	for at least four years].
52	52	SECTION 5. Section 54.853, Government Code, is amended to
53	53	read as follows:
54	54	Sec. 54.853. QUALIFICATIONS. To be eligible for
55	55	appointment as a criminal law hearing officer under this
56	56	subchapter, a person must:
57	57	(1) be a resident of this state and the county;
58	58	(2) [have been licensed to practice law in this state
59	59	for at least four years;
60	60	[(3)] not have been defeated for reelection to a
61	61	judicial office;
62	62	(3) [(4)] not have been removed from office by
63	63	impeachment, by the supreme court, by the governor on address to the
64	64	legislature, by a tribunal reviewing a recommendation of the State
65	65	Commission on Judicial Conduct, or by the legislature's abolition
66	66	of the judge's court; and
67	67	(4) [(5)] not have resigned from office after having
68	68	received notice that formal proceedings by the State Commission on
69	69	Judicial Conduct had been instituted as provided in Section 33.022
70	70	and before the final disposition of the proceedings.
71	71	SECTION 6. Section 54.872, Government Code, is amended to
72	72	read as follows:
73	73	Sec. 54.872. QUALIFICATIONS. To be eligible for
74	74	appointment as a magistrate, a person must[:
75	75	[(1)] be a resident of this state[; and
76	76	[(2) have been licensed to practice law in this state
77	77	for at least four years].
78	78	SECTION 7. Section 54.902, Government Code, is amended to
79	79	read as follows:
80	80	Sec. 54.902. QUALIFICATIONS. To be eligible for
81	81	appointment as a magistrate, a person must[:
82	82	[(1)] be a resident of this state[; and
83	83	[(2) have been licensed to practice law in this state
84	84	for at least four years].
85	85	SECTION 8. Section 54.972, Government Code, is amended to
86	86	read as follows:
87	87	Sec. 54.972. QUALIFICATIONS. A magistrate must[:
88	88	[(1)] be a resident of this state and of Travis
89	89	County[; and
90	90	[(2) have been licensed to practice law in this state
91	91	for at least four years].
92	92	SECTION 9. Section 54.1173, Government Code, is amended to
93	93	read as follows:
94	94	Sec. 54.1173. QUALIFICATIONS. A magistrate must:
95	95	(1) be a citizen of this state; and
96	96	(2) be at least 25 years of age[; and
97	97	[(3) have been licensed to practice law in this state
98	98	for at least four years preceding the date of appointment].
99	99	SECTION 10. Section 54.1353, Government Code, is amended to
100	100	read as follows:
101	101	Sec. 54.1353. QUALIFICATIONS. To be eligible for
102	102	appointment as a criminal law hearing officer under this
103	103	subchapter, a person must:
104	104	(1) be a resident of Cameron County;
105	105	(2) be eligible to vote in this state and in Cameron
106	106	County;
107	107	(3) be at least 30 years of age; and
108	108	(4) [be a licensed attorney with at least four years'
109	109	experience; and
110	110	[(5)] have the other qualifications required by the
111	111	board.
112	112	SECTION 11. Section 54.1501(b), Government Code, is amended
113	113	to read as follows:
114	114	(b) The commissioners court shall establish the minimum
115	115	qualifications, salary, benefits, and other compensation of each
116	116	magistrate position and shall determine whether the position is
117	117	full-time or part-time. [The qualifications must require the
118	118	magistrate to:
119	119	[(1) have served as a justice of the peace or municipal
120	120	court judge; or
121	121	[(2) be an attorney licensed in this state.]
122	122	SECTION 12. Section 54.1804, Government Code, is amended to
123	123	read as follows:
124	124	Sec. 54.1804. QUALIFICATIONS. A magistrate must[:
125	125	[(1)] be a resident of this state and of the county in
126	126	which the magistrate is appointed to serve under this subchapter[;
127	127	and
128	128	[(2) have been licensed to practice law in this state
129	129	for at least four years].
130	130	SECTION 13. Section 54.1851(b), Government Code, is amended
131	131	to read as follows:
132	132	(b) The commissioners court shall establish the minimum
133	133	qualifications, salary, benefits, and other compensation of each
134	134	magistrate position and shall determine whether the position is
135	135	full-time or part-time. [The qualifications must require the
136	136	magistrate to have served as a justice of the peace or be an
137	137	attorney licensed in this state.]
138	138	SECTION 14. Section 54.1953, Government Code, is amended to
139	139	read as follows:
140	140	Sec. 54.1953. QUALIFICATIONS. A magistrate must:
141	141	(1) be a citizen of this state; and
142	142	(2) have resided in the county for at least six months
143	143	before the date of the appointment[; and
144	144	[(3) have:
145	145	[(A) served as a justice of the peace for at least
146	146	four years before the date of appointment; or
147	147	[(B) been licensed to practice law in this state
148	148	for at least four years before the date of appointment].
149	149	SECTION 15. Section 54.2202(a), Government Code, is amended
150	150	to read as follows:
151	151	(a) To be eligible for appointment as a magistrate, a person
152	152	must:
153	153	(1) be a citizen of the United States; and
154	154	(2) have resided in Collin County for at least the four
155	155	years preceding the person's appointment[; and
156	156	[(3) have been licensed to practice law in this state
157	157	for at least four years].
158	158	SECTION 16. Section 54.2402(a), Government Code, is amended
159	159	to read as follows:
160	160	(a) To be eligible for appointment as a magistrate, a person
161	161	must:
162	162	(1) be a citizen of the United States; and
163	163	(2) have resided in Fort Bend County for at least the
164	164	four years preceding the person's appointment[; and
165	165	[(3) have been licensed to practice law in this state
166	166	for at least four years].
167	167	SECTION 17. Section 54.2602, Government Code, is amended to
168	168	read as follows:
169	169	Sec. 54.2602. QUALIFICATIONS. To be eligible for
170	170	appointment as a magistrate, a person must[:
171	171	[(1)] be a resident of this state[; and
172	172	[(2) have been licensed to practice law in this state
173	173	for at least four years].
174	174	SECTION 18. Section 54.2702(a), Government Code, is amended
175	175	to read as follows:
176	176	(a) To be eligible for appointment as a magistrate, a person
177	177	must be a resident of this state [and:
178	178	[(1) have served as a justice of the peace or municipal
179	179	court judge for at least four years before the date of appointment;
180	180	or
181	181	[(2) have been licensed to practice law in this state
182	182	for at least four years before the date of appointment].
183	183	SECTION 19. Section 54.2802(a), Government Code, is amended
184	184	to read as follows:
185	185	(a) The district court judges with jurisdiction in Denton
186	186	County and the judges of the criminal statutory county courts of
187	187	Denton County shall appoint one or more judges to preside over the
188	188	criminal law magistrate court. An appointed judge must:
189	189	(1) serve Denton County as a district court judge, a
190	190	criminal statutory county court judge, an associate judge of a
191	191	court with criminal jurisdiction, a magistrate, including a jail
192	192	magistrate, a judge of a municipal court of record, or a justice of
193	193	the peace;
194	194	(2) [be a licensed attorney in good standing with the
195	195	State Bar of Texas;
196	196	[(3)] be authorized to access criminal history records
197	197	under state and federal law;
198	198	(3) [(4)] have completed training necessary to serve
199	199	as a magistrate in Denton County, as determined by the district
200	200	court judges with jurisdiction in Denton County and the judges of
201	201	the criminal statutory county courts of Denton County; and
202	202	(4) [(5)] meet the qualifications under Section
203	203	54.2807.
204	204	SECTION 20. Section 54.2807, Government Code, is amended to
205	205	read as follows:
206	206	Sec. 54.2807. QUALIFICATIONS. To be eligible for
207	207	appointment as the criminal law magistrate court associate judge, a
208	208	jail magistrate, or another magistrate in the criminal law
209	209	magistrate court, a person must[:
210	210	[(1)] have been a resident of Denton County for at
211	211	least two years preceding the person's appointment[; and
212	212	[(2) have been licensed to practice law in this state
213	213	for at least four years].
214	214	SECTION 21. Section 54A.003, Government Code, is amended to
215	215	read as follows:
216	216	Sec. 54A.003. QUALIFICATIONS. To qualify for appointment
217	217	as an associate judge under this subchapter, a person must:
218	218	(1) be a resident of this state and one of the counties
219	219	the person will serve;
220	220	(2) have been licensed to practice law in this state
221	221	for at least five [four] years;
222	222	(3) not have been removed from office by impeachment,
223	223	by the supreme court, by the governor on address to the legislature,
224	224	by a tribunal reviewing a recommendation of the State Commission on
225	225	Judicial Conduct, or by the legislature's abolition of the judge's
226	226	court; and
227	227	(4) not have resigned from office after having
228	228	received notice that formal proceedings by the State Commission on
229	229	Judicial Conduct had been instituted as provided by Section 33.022
230	230	and before final disposition of the proceedings.
231	231	SECTION 22. Section 54A.103, Government Code, is amended to
232	232	read as follows:
233	233	Sec. 54A.103. QUALIFICATIONS. To qualify for appointment
234	234	as an associate judge under this subchapter, a person must:
235	235	(1) be a resident of this state and one of the counties
236	236	the person will serve;
237	237	(2) have been licensed to practice law in this state
238	238	for at least five [four] years;
239	239	(3) not have been removed from office by impeachment,
240	240	by the supreme court, by the governor on address to the legislature,
241	241	by a tribunal reviewing a recommendation of the State Commission on
242	242	Judicial Conduct, or by the legislature's abolition of the judge's
243	243	court; and
244	244	(4) not have resigned from office after having
245	245	received notice that formal proceedings by the State Commission on
246	246	Judicial Conduct had been instituted as provided in Section 33.022
247	247	and before final disposition of the proceedings.
248	248	SECTION 23. Section 54A.305(a), Government Code, is amended
249	249	to read as follows:
250	250	(a) To be eligible for appointment as an associate judge
251	251	under this subchapter, a person must:
252	252	(1) be a citizen of the United States;
253	253	(2) be a resident of this state for the two years
254	254	preceding the date of appointment; and
255	255	(3) be:
256	256	(A) eligible for assignment under Section 74.054
257	257	because the person is named on the list of retired and former judges
258	258	maintained by the presiding judge of the administrative judicial
259	259	region under Section 74.055;
260	260	(B) eligible for assignment under Section
261	261	25.0022 by the presiding judge of the statutory probate courts; or
262	262	(C) licensed to practice law in this state for at
263	263	least five years and have at least four years of experience in
264	264	guardianship proceedings or protective services proceedings before
265	265	the date of appointment as a practicing attorney in this state or a
266	266	judge of a court in this state.
267	267	SECTION 24. The changes in law made by this Act apply only
268	268	to a master, magistrate, referee, or associate judge appointed
269	269	under Chapter 54 or 54A, Government Code, as amended by this Act, on
270	270	or after the effective date of this Act. A master, magistrate,
271	271	referee, or associate judge appointed before the effective date of
272	272	this Act is governed by the law in effect on the date the master,
273	273	magistrate, referee, or associate judge was appointed, and the
274	274	former law is continued in effect for that purpose.
275	275	SECTION 25. This Act takes effect September 1, 2025.