By: Huffman S.B. No. 664
A BILL TO BE ENTITLED
AN ACT
relating to qualifications, training, removal, and supervision of
certain masters, magistrates, referees, associate judges, and
hearing officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 54, Government Code, is amended by
adding Subchapter A to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 54.001. QUALIFICATIONS. (a) In addition to any other
qualification required by law, to be eligible for appointment as a
master, magistrate, referee, associate judge, or hearing officer
under this chapter, a person must:
(1) be a resident of this state and of the county in
which they are appointed;
(2) except as provided by Subsection (b), have been
licensed to practice law in this state and in good standing with the
State Bar of Texas for at least five years;
(3) not have been defeated for reelection to a
judicial office in the election immediately preceding the person's
appointment;
(4) not have been removed from office by impeachment,
the supreme court, the governor on address to the legislature, a
tribunal reviewing a recommendation of the State Commission on
Judicial Conduct, or the legislature's abolition of the judge's
court; and
(5) not have resigned from office after having
received notice the State Commission on Judicial Conduct had
instituted formal proceedings as provided by Section 33.022 and
before the final disposition of the proceedings.
(b) Notwithstanding Subsection (a)(2), to be eligible for
appointment as a master, magistrate, referee, associate judge, or
hearing officer under the following provisions of this chapter, a
person must have been licensed to practice law in this state and in
good standing with the State Bar of Texas for at least two years:
(1) Section 54.991;
(2) Section 54.1231;
(3) Section 54.1501;
(4) Section 54.1851;
(5) Section 54.2001;
(6) Section 54.2301; or
(7) Section 54.2802.
Sec. 54.002. REQUIRED TRAINING ON DUTIES REGARDING BAIL.
In addition to any other training required under this chapter, a
master, magistrate, referee, associate judge, or hearing officer
appointed under this chapter whose duties include setting,
adjusting, or revoking bail bonds shall comply with the training
requirements under Article 17.024, Code of Criminal Procedure.
Sec. 54.003. SUSPENSION AND REMOVAL. (a) In addition to
other removal provisions provided under this chapter or other law,
a master, magistrate, referee, associate judge, or hearing officer
appointed under this chapter may be removed under Section 24,
Article V, Texas Constitution.
(b) The local administrative judge shall ensure a master,
magistrate, referee, associate judge, or hearing officer appointed
to serve a county within the jurisdiction of the court served by the
local administrative judge complies with the requirements of this
chapter and Article 15.17, Code of Criminal Procedure.
(c) A local administrative judge shall report a violation of
Subsection (b) to:
(1) the commissioners court for the county in which
the master, magistrate, referee, associate judge, or hearing
officer is appointed;
(2) the presiding judge of the administrative judicial
region for the court served by judge;
(3) the Office of Court Administration of the Texas
Judicial System; and
(4) if the local administrative judge determines the
referring court is culpable in the violation, the State Commission
on Judicial Conduct.
SECTION 2. Section 54.1173, Government Code, is amended to
read as follows:
Sec. 54.1173. QUALIFICATIONS. A magistrate must[:
[(1) be a citizen of this state;
[(2)] be at least 25 years of age[; and
[(3) have been licensed to practice law in this state
for at least four years preceding the date of appointment].
SECTION 3. Section 54.1353, Government Code, is amended to
read as follows:
Sec. 54.1353. QUALIFICATIONS. To be eligible for
appointment as a criminal law hearing officer under this
subchapter, a person must:
(1) [be a resident of Cameron County;
[(2)] be eligible to vote in this state and in Cameron
County;
(2) [(3)] be at least 30 years of age;
[(4) be a licensed attorney with at least four years'
experience;] and
(3) [(5)] have the other qualifications required by
the board.
SECTION 4. Section 54.1501(b), Government Code, is amended
to read as follows:
(b) The commissioners court shall establish the minimum
qualifications, salary, benefits, and other compensation of each
magistrate position and shall determine whether the position is
full-time or part-time. [The qualifications must require the
magistrate to:
[(1) have served as a justice of the peace or municipal
court judge; or
[(2) be an attorney licensed in this state.]
SECTION 5. Section 54.1851(b), Government Code, is amended
to read as follows:
(b) The commissioners court shall establish the minimum
qualifications, salary, benefits, and other compensation of each
magistrate position and shall determine whether the position is
full-time or part-time. [The qualifications must require the
magistrate to have served as a justice of the peace or be an
attorney licensed in this state.]
SECTION 6. Section 54.1953, Government Code, is amended to
read as follows:
Sec. 54.1953. QUALIFICATIONS. A magistrate must[:
[(1) be a citizen of this state;
[(2)] have resided in the county for at least six
months before the date of the appointment[; and
[(3) have:
[(A) served as a justice of the peace for at least
four years before the date of appointment; or
[(B) been licensed to practice law in this state
for at least four years before the date of appointment].
SECTION 7. Section 54.2202(a), Government Code, is amended
to read as follows:
(a) To be eligible for appointment as a magistrate, a person
must:
(1) be a citizen of the United States; and
(2) have resided in Collin County for at least the four
years preceding the person's appointment[; and
[(3) have been licensed to practice law in this state
for at least four years].
SECTION 8. Section 54.2402(a), Government Code, is amended
to read as follows:
(a) To be eligible for appointment as a magistrate, a person
must:
(1) be a citizen of the United States; and
(2) have resided in Fort Bend County for at least the
four years preceding the person's appointment[; and
[(3) have been licensed to practice law in this state
for at least four years].
SECTION 9. The heading to Section 54.2702, Government Code,
is amended to read as follows:
Sec. 54.2702. [QUALIFICATIONS;] OATH OF OFFICE.
SECTION 10. Section 54.2802(a), Government Code, is amended
to read as follows:
(a) The district court judges with jurisdiction in Denton
County and the judges of the criminal statutory county courts of
Denton County shall appoint one or more judges to preside over the
criminal law magistrate court. An appointed judge must:
(1) serve Denton County as a district court judge, a
criminal statutory county court judge, an associate judge of a
court with criminal jurisdiction, a magistrate, including a jail
magistrate, a judge of a municipal court of record, or a justice of
the peace;
(2) [be a licensed attorney in good standing with the
State Bar of Texas;
[(3)] be authorized to access criminal history records
under state and federal law;
(3) [(4)] have completed training necessary to serve
as a magistrate in Denton County, as determined by the district
court judges with jurisdiction in Denton County and the judges of
the criminal statutory county courts of Denton County; and
(4) [(5)] meet the qualifications under Section
54.2807.
SECTION 11. Section 54.2807, Government Code, is amended to
read as follows:
Sec. 54.2807. QUALIFICATIONS. To be eligible for
appointment as the criminal law magistrate court associate judge, a
jail magistrate, or another magistrate in the criminal law
magistrate court, a person must[:
[(1)] have been a resident of Denton County for at
least two years preceding the person's appointment[; and
[(2) have been licensed to practice law in this state
for at least four years].
SECTION 12. Section 54A.003, Government Code, is amended to
read as follows:
Sec. 54A.003. QUALIFICATIONS. To qualify for appointment
as an associate judge under this subchapter, a person must:
(1) be a resident of this state and one of the counties
the person will serve;
(2) have been licensed to practice law in this state
for at least five [four] years;
(3) not have been removed from office by impeachment,
by the supreme court, by the governor on address to the legislature,
by a tribunal reviewing a recommendation of the State Commission on
Judicial Conduct, or by the legislature's abolition of the judge's
court; and
(4) not have resigned from office after having
received notice that formal proceedings by the State Commission on
Judicial Conduct had been instituted as provided by Section 33.022
and before final disposition of the proceedings.
SECTION 13. Section 54A.103, Government Code, is amended to
read as follows:
Sec. 54A.103. QUALIFICATIONS. To qualify for appointment
as an associate judge under this subchapter, a person must:
(1) be a resident of this state and one of the counties
the person will serve;
(2) have been licensed to practice law in this state
for at least five [four] years;
(3) not have been removed from office by impeachment,
by the supreme court, by the governor on address to the legislature,
by a tribunal reviewing a recommendation of the State Commission on
Judicial Conduct, or by the legislature's abolition of the judge's
court; and
(4) not have resigned from office after having
received notice that formal proceedings by the State Commission on
Judicial Conduct had been instituted as provided in Section 33.022
and before final disposition of the proceedings.
SECTION 14. Section 54A.305(a), Government Code, is amended
to read as follows:
(a) To be eligible for appointment as an associate judge
under this subchapter, a person must:
(1) be a citizen of the United States;
(2) be a resident of this state for the two years
preceding the date of appointment; and
(3) be:
(A) eligible for assignment under Section 74.054
because the person is named on the list of retired and former judges
maintained by the presiding judge of the administrative judicial
region under Section 74.055;
(B) eligible for assignment under Section
25.0022 by the presiding judge of the statutory probate courts; or
(C) licensed to practice law in this state for at
least five years and have at least four years of experience in
guardianship proceedings or protective services proceedings before
the date of appointment as a practicing attorney in this state or a
judge of a court in this state.
SECTION 15. Section 74.092(a), Government Code, is amended
to read as follows:
(a) A local administrative judge, for the courts for which
the judge serves as local administrative judge, shall:
(1) implement and execute the local rules of
administration, including the assignment, docketing, transfer, and
hearing of cases;
(2) appoint any special or standing committees
necessary or desirable for court management and administration;
(3) promulgate local rules of administration if the
other judges do not act by a majority vote;
(4) recommend to the regional presiding judge any
needs for assignment from outside the county to dispose of court
caseloads;
(5) supervise the expeditious movement of court
caseloads, subject to local, regional, and state rules of
administration;
(6) provide the supreme court and the office of court
administration requested statistical and management information;
(7) set the hours and places for holding court in the
county;
(8) supervise the employment and performance of
nonjudicial personnel;
(8-a) supervise the performance of each master,
magistrate, referee, associate judge, or hearing officer who was
appointed under Chapter 54 to serve a court for which the judge
serves as a local administrative judge and whose duties include
duties under Article 15.17, Code of Criminal Procedure;
(9) supervise the budget and fiscal matters of the
local courts, subject to local rules of administration;
(10) coordinate and cooperate with any other local
administrative judge in the district in the assignment of cases in
the courts' concurrent jurisdiction for the efficient operation of
the court system and the effective administration of justice;
(11) if requested by the courts the judge serves,
establish and maintain the lists required by Section 37.003 and
ensure appointments are made from the lists in accordance with
Section 37.004;
(12) perform other duties as may be directed by the
chief justice or a regional presiding judge; and
(13) establish a court security committee to adopt
security policies and procedures for the courts served by the local
administrative district judge that is composed of:
(A) the local administrative district judge, or
the judge's designee, who serves as presiding officer of the
committee;
(B) a representative of the sheriff's office;
(C) a representative of the county commissioners
court;
(D) one judge of each type of court in the county
other than a municipal court or a municipal court of record;
(E) a representative of any county attorney's
office, district attorney's office, or criminal district attorney's
office that serves in the applicable courts; and
(F) any other person the committee determines
necessary to assist the committee.
SECTION 16. The following provisions of the Government Code
are repealed:
(1) Section 54.302;
(2) Section 54.652;
(3) Section 54.802;
(4) Section 54.853;
(5) Section 54.872;
(6) Section 54.902;
(7) Section 54.972;
(8) Section 54.992;
(9) Section 54.1804;
(10) Section 54.2602; and
(11) Section 54.2702(a).
SECTION 17. The changes in law made by this Act apply only
to a master, magistrate, referee, associate judge, or hearing
officer appointed under Chapter 54 or 54A, Government Code, as
amended by this Act, on or after the effective date of this Act. A
master, magistrate, referee, associate judge, or hearing officer
appointed before the effective date of this Act is governed by the
law in effect on the date the master, magistrate, referee,
associate judge, or hearing officer was appointed, and the former
law is continued in effect for that purpose.
SECTION 18. This Act takes effect September 1, 2025.