Texas 2025 - 89th Regular

Texas Senate Bill SB664 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Huffman S.B. No. 664
2		-
3		-
	2	+	(In the Senate - Filed December 19, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on Criminal Justice;
	4	+	April 3, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 7, Nays 0; April 3, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 664 By: Flores
4	9
5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to qualifications, training, removal, and supervision of
9	14		certain masters, magistrates, referees, associate judges, and
10	15		hearing officers.
11	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	17		SECTION 1. Chapter 54, Government Code, is amended by
13	18		adding Subchapter A to read as follows:
14	19		SUBCHAPTER A. GENERAL PROVISIONS
15	20		Sec. 54.001. QUALIFICATIONS. (a) In addition to any other
16	21		qualification required by law, to be eligible for appointment as a
17	22		master, magistrate, referee, associate judge, or hearing officer
18	23		under this chapter, a person must:
19	24		(1) be a resident of this state and of the county in
20	25		which they are appointed;
21	26		(2) except as provided by Subsection (b), have been
22	27		licensed to practice law in this state and in good standing with the
23	28		State Bar of Texas for at least five years;
24	29		(3) not have been defeated for reelection to a
25	30		judicial office in the election immediately preceding the person's
26	31		appointment;
27	32		(4) not have been removed from office by impeachment,
28	33		the supreme court, the governor on address to the legislature, a
29	34		tribunal reviewing a recommendation of the State Commission on
30	35		Judicial Conduct, or the legislature's abolition of the judge's
31	36		court; and
32	37		(5) not have resigned from office after having
33	38		received notice the State Commission on Judicial Conduct had
34	39		instituted formal proceedings as provided by Section 33.022 and
35	40		before the final disposition of the proceedings.
36	41		(b) Notwithstanding Subsection (a)(2), to be eligible for
37	42		appointment as a master, magistrate, referee, associate judge, or
38	43		hearing officer under the following provisions of this chapter, a
39	44		person must have been licensed to practice law in this state and in
40	45		good standing with the State Bar of Texas for at least two years:
41	46		(1) Section 54.991;
42	47		(2) Section 54.1231;
43	48		(3) Section 54.1501;
44	49		(4) Section 54.1851;
45	50		(5) Section 54.2001;
46	51		(6) Section 54.2301; or
47	52		(7) Section 54.2802.
48	53		Sec. 54.002. REQUIRED TRAINING ON DUTIES REGARDING BAIL.
49	54		In addition to any other training required under this chapter, a
50	55		master, magistrate, referee, associate judge, or hearing officer
51	56		appointed under this chapter whose duties include setting,
52	57		adjusting, or revoking bail bonds shall comply with the training
53	58		requirements under Article 17.024, Code of Criminal Procedure.
54	59		Sec. 54.003. SUSPENSION AND REMOVAL. (a) In addition to
55	60		other removal provisions provided under this chapter or other law,
56	61		a master, magistrate, referee, associate judge, or hearing officer
57	62		appointed under this chapter may be removed under Section 24,
58	63		Article V, Texas Constitution.
59	64		(b) The local administrative judge shall ensure a master,
60	65		magistrate, referee, associate judge, or hearing officer appointed
61	66		to serve a county within the jurisdiction of the court served by the
62	67		local administrative judge complies with the requirements of this
63	68		chapter and Article 15.17, Code of Criminal Procedure.
64	69		(c) A local administrative judge shall report a violation of
65	70		Subsection (b) to:
66	71		(1) the commissioners court for the county in which
67	72		the master, magistrate, referee, associate judge, or hearing
68	73		officer is appointed;
69	74		(2) the presiding judge of the administrative judicial
70	75		region for the court served by judge;
71	76		(3) the Office of Court Administration of the Texas
72	77		Judicial System; and
73	78		(4) if the local administrative judge determines the
74	79		referring court is culpable in the violation, the State Commission
75	80		on Judicial Conduct.
76	81		SECTION 2. Section 54.1173, Government Code, is amended to
77	82		read as follows:
78	83		Sec. 54.1173. QUALIFICATIONS. A magistrate must[:
79	84		[(1) be a citizen of this state;
80	85		[(2)] be at least 25 years of age[; and
81	86		[(3) have been licensed to practice law in this state
82	87		for at least four years preceding the date of appointment].
83	88		SECTION 3. Section 54.1353, Government Code, is amended to
84	89		read as follows:
85	90		Sec. 54.1353. QUALIFICATIONS. To be eligible for
86	91		appointment as a criminal law hearing officer under this
87	92		subchapter, a person must:
88	93		(1) [be a resident of Cameron County;
89	94		[(2)] be eligible to vote in this state and in Cameron
90	95		County;
91	96		(2) [(3)] be at least 30 years of age;
92	97		[(4) be a licensed attorney with at least four years'
93	98		experience;] and
94	99		(3) [(5)] have the other qualifications required by
95	100		the board.
96	101		SECTION 4. Section 54.1501(b), Government Code, is amended
97	102		to read as follows:
98	103		(b) The commissioners court shall establish the minimum
99	104		qualifications, salary, benefits, and other compensation of each
100	105		magistrate position and shall determine whether the position is
101	106		full-time or part-time. [The qualifications must require the
102	107		magistrate to:
103	108		[(1) have served as a justice of the peace or municipal
104	109		court judge; or
105	110		[(2) be an attorney licensed in this state.]
106	111		SECTION 5. Section 54.1851(b), Government Code, is amended
107	112		to read as follows:
108	113		(b) The commissioners court shall establish the minimum
109	114		qualifications, salary, benefits, and other compensation of each
110	115		magistrate position and shall determine whether the position is
111	116		full-time or part-time. [The qualifications must require the
112	117		magistrate to have served as a justice of the peace or be an
113	118		attorney licensed in this state.]
114	119		SECTION 6. Section 54.1953, Government Code, is amended to
115	120		read as follows:
116	121		Sec. 54.1953. QUALIFICATIONS. A magistrate must[:
117	122		[(1) be a citizen of this state;
118	123		[(2)] have resided in the county for at least six
119	124		months before the date of the appointment[; and
120	125		[(3) have:
121	126		[(A) served as a justice of the peace for at least
122	127		four years before the date of appointment; or
123	128		[(B) been licensed to practice law in this state
124	129		for at least four years before the date of appointment].
125	130		SECTION 7. Section 54.2202(a), Government Code, is amended
126	131		to read as follows:
127	132		(a) To be eligible for appointment as a magistrate, a person
128	133		must:
129	134		(1) be a citizen of the United States; and
130	135		(2) have resided in Collin County for at least the four
131	136		years preceding the person's appointment[; and
132	137		[(3) have been licensed to practice law in this state
133	138		for at least four years].
134	139		SECTION 8. Section 54.2402(a), Government Code, is amended
135	140		to read as follows:
136	141		(a) To be eligible for appointment as a magistrate, a person
137	142		must:
138	143		(1) be a citizen of the United States; and
139	144		(2) have resided in Fort Bend County for at least the
140	145		four years preceding the person's appointment[; and
141	146		[(3) have been licensed to practice law in this state
142	147		for at least four years].
143	148		SECTION 9. The heading to Section 54.2702, Government Code,
144	149		is amended to read as follows:
145	150		Sec. 54.2702. [QUALIFICATIONS;] OATH OF OFFICE.
146	151		SECTION 10. Section 54.2802(a), Government Code, is amended
147	152		to read as follows:
148	153		(a) The district court judges with jurisdiction in Denton
149	154		County and the judges of the criminal statutory county courts of
150	155		Denton County shall appoint one or more judges to preside over the
151	156		criminal law magistrate court. An appointed judge must:
152	157		(1) serve Denton County as a district court judge, a
153	158		criminal statutory county court judge, an associate judge of a
154	159		court with criminal jurisdiction, a magistrate, including a jail
155	160		magistrate, a judge of a municipal court of record, or a justice of
156	161		the peace;
157	162		(2) [be a licensed attorney in good standing with the
158	163		State Bar of Texas;
159	164		[(3)] be authorized to access criminal history records
160	165		under state and federal law;
161	166		(3) [(4)] have completed training necessary to serve
162	167		as a magistrate in Denton County, as determined by the district
163	168		court judges with jurisdiction in Denton County and the judges of
164	169		the criminal statutory county courts of Denton County; and
165	170		(4) [(5)] meet the qualifications under Section
166	171		54.2807.
167	172		SECTION 11. Section 54.2807, Government Code, is amended to
168	173		read as follows:
169	174		Sec. 54.2807. QUALIFICATIONS. To be eligible for
170	175		appointment as the criminal law magistrate court associate judge, a
171	176		jail magistrate, or another magistrate in the criminal law
172	177		magistrate court, a person must[:
173	178		[(1)] have been a resident of Denton County for at
174	179		least two years preceding the person's appointment[; and
175	180		[(2) have been licensed to practice law in this state
176	181		for at least four years].
177	182		SECTION 12. Section 54A.003, Government Code, is amended to
178	183		read as follows:
179	184		Sec. 54A.003. QUALIFICATIONS. To qualify for appointment
180	185		as an associate judge under this subchapter, a person must:
181	186		(1) be a resident of this state and one of the counties
182	187		the person will serve;
183	188		(2) have been licensed to practice law in this state
184	189		for at least five [four] years;
185	190		(3) not have been removed from office by impeachment,
186	191		by the supreme court, by the governor on address to the legislature,
187	192		by a tribunal reviewing a recommendation of the State Commission on
188	193		Judicial Conduct, or by the legislature's abolition of the judge's
189	194		court; and
190	195		(4) not have resigned from office after having
191	196		received notice that formal proceedings by the State Commission on
192	197		Judicial Conduct had been instituted as provided by Section 33.022
193	198		and before final disposition of the proceedings.
194	199		SECTION 13. Section 54A.103, Government Code, is amended to
195	200		read as follows:
196	201		Sec. 54A.103. QUALIFICATIONS. To qualify for appointment
197	202		as an associate judge under this subchapter, a person must:
198	203		(1) be a resident of this state and one of the counties
199	204		the person will serve;
200	205		(2) have been licensed to practice law in this state
201	206		for at least five [four] years;
202	207		(3) not have been removed from office by impeachment,
203	208		by the supreme court, by the governor on address to the legislature,
204	209		by a tribunal reviewing a recommendation of the State Commission on
205	210		Judicial Conduct, or by the legislature's abolition of the judge's
206	211		court; and
207	212		(4) not have resigned from office after having
208	213		received notice that formal proceedings by the State Commission on
209	214		Judicial Conduct had been instituted as provided in Section 33.022
210	215		and before final disposition of the proceedings.
211	216		SECTION 14. Section 54A.305(a), Government Code, is amended
212	217		to read as follows:
213	218		(a) To be eligible for appointment as an associate judge
214	219		under this subchapter, a person must:
215	220		(1) be a citizen of the United States;
216	221		(2) be a resident of this state for the two years
217	222		preceding the date of appointment; and
218	223		(3) be:
219	224		(A) eligible for assignment under Section 74.054
220	225		because the person is named on the list of retired and former judges
221	226		maintained by the presiding judge of the administrative judicial
222	227		region under Section 74.055;
223	228		(B) eligible for assignment under Section
224	229		25.0022 by the presiding judge of the statutory probate courts; or
225	230		(C) licensed to practice law in this state for at
226	231		least five years and have at least four years of experience in
227	232		guardianship proceedings or protective services proceedings before
228	233		the date of appointment as a practicing attorney in this state or a
229	234		judge of a court in this state.
230	235		SECTION 15. Section 74.092(a), Government Code, is amended
231	236		to read as follows:
232	237		(a) A local administrative judge, for the courts for which
233	238		the judge serves as local administrative judge, shall:
234	239		(1) implement and execute the local rules of
235	240		administration, including the assignment, docketing, transfer, and
236	241		hearing of cases;
237	242		(2) appoint any special or standing committees
238	243		necessary or desirable for court management and administration;
239	244		(3) promulgate local rules of administration if the
240	245		other judges do not act by a majority vote;
241	246		(4) recommend to the regional presiding judge any
242	247		needs for assignment from outside the county to dispose of court
243	248		caseloads;
244	249		(5) supervise the expeditious movement of court
245	250		caseloads, subject to local, regional, and state rules of
246	251		administration;
247	252		(6) provide the supreme court and the office of court
248	253		administration requested statistical and management information;
249	254		(7) set the hours and places for holding court in the
250	255		county;
251	256		(8) supervise the employment and performance of
252	257		nonjudicial personnel;
253	258		(8-a) supervise the performance of each master,
254	259		magistrate, referee, associate judge, or hearing officer who was
255	260		appointed under Chapter 54 to serve a court for which the judge
256	261		serves as a local administrative judge and whose duties include
257	262		duties under Article 15.17, Code of Criminal Procedure;
258	263		(9) supervise the budget and fiscal matters of the
259	264		local courts, subject to local rules of administration;
260	265		(10) coordinate and cooperate with any other local
261	266		administrative judge in the district in the assignment of cases in
262	267		the courts' concurrent jurisdiction for the efficient operation of
263	268		the court system and the effective administration of justice;
264	269		(11) if requested by the courts the judge serves,
265	270		establish and maintain the lists required by Section 37.003 and
266	271		ensure appointments are made from the lists in accordance with
267	272		Section 37.004;
268	273		(12) perform other duties as may be directed by the
269	274		chief justice or a regional presiding judge; and
270	275		(13) establish a court security committee to adopt
271	276		security policies and procedures for the courts served by the local
272	277		administrative district judge that is composed of:
273	278		(A) the local administrative district judge, or
274	279		the judge's designee, who serves as presiding officer of the
275	280		committee;
276	281		(B) a representative of the sheriff's office;
277	282		(C) a representative of the county commissioners
278	283		court;
279	284		(D) one judge of each type of court in the county
280	285		other than a municipal court or a municipal court of record;
281	286		(E) a representative of any county attorney's
282	287		office, district attorney's office, or criminal district attorney's
283	288		office that serves in the applicable courts; and
284	289		(F) any other person the committee determines
285	290		necessary to assist the committee.
286	291		SECTION 16. The following provisions of the Government Code
287	292		are repealed:
288	293		(1) Section 54.302;
289	294		(2) Section 54.652;
290	295		(3) Section 54.802;
291	296		(4) Section 54.853;
292	297		(5) Section 54.872;
293	298		(6) Section 54.902;
294	299		(7) Section 54.972;
295	300		(8) Section 54.992;
296	301		(9) Section 54.1804;
297	302		(10) Section 54.2602; and
298	303		(11) Section 54.2702(a).
299	304		SECTION 17. The changes in law made by this Act apply only
300	305		to a master, magistrate, referee, associate judge, or hearing
301	306		officer appointed under Chapter 54 or 54A, Government Code, as
302	307		amended by this Act, on or after the effective date of this Act. A
303	308		master, magistrate, referee, associate judge, or hearing officer
304	309		appointed before the effective date of this Act is governed by the
305	310		law in effect on the date the master, magistrate, referee,
306	311		associate judge, or hearing officer was appointed, and the former
307	312		law is continued in effect for that purpose.
308	313		SECTION 18. This Act takes effect September 1, 2025.
	314	+	* * * * *