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A BILL TO BE ENTITLED
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AN ACT
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relating to the qualifications of certain masters, magistrates, |
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referees, and associate judges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 54, Government Code, is amended by |
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adding Subchapter A to read as follows: |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 54.001. QUALIFICATIONS. (a) Except as provided by |
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Subsection (b) or another provision of this chapter and in addition |
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to any other qualification required by law, a master, magistrate, |
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referee, or associate judge appointed under this chapter must have |
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been licensed to practice law in this state for at least five years |
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before the date of appointment. |
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(b) A master, magistrate, referee, or associate judge |
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appointed under the following provisions of this chapter must have |
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been licensed to practice law in this state for at least two years |
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before the date of appointment: |
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(1) Section 54.991; |
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(2) Section 54.1231; |
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(3) Section 54.1501; |
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(4) Section 54.1851; |
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(5) Section 54.2001; |
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(6) Section 54.2301; or |
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(7) Section 54.2802. |
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SECTION 2. Section 54.302, Government Code, is amended to |
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read as follows: |
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Sec. 54.302. QUALIFICATIONS. To be eligible for |
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appointment as a magistrate, a person must[: |
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[(1)] be a resident of this state[; and |
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[(2) have been licensed to practice law in this state |
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for at least four years]. |
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SECTION 3. Section 54.652, Government Code, is amended to |
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read as follows: |
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Sec. 54.652. QUALIFICATIONS. To be eligible for |
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appointment as a magistrate, a person must[: |
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[(1)] be a resident of this state[; and |
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[(2) have been licensed to practice law in this state |
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for at least four years]. |
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SECTION 4. Section 54.802, Government Code, is amended to |
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read as follows: |
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Sec. 54.802. QUALIFICATIONS. A master must[: |
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[(1)] be a citizen and resident of this state[; and |
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[(2) have been licensed to practice law in this state |
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for at least four years]. |
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SECTION 5. Section 54.853, Government Code, is amended to |
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read as follows: |
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Sec. 54.853. QUALIFICATIONS. To be eligible for |
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appointment as a criminal law hearing officer under this |
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subchapter, a person must: |
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(1) be a resident of this state and the county; |
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(2) [have been licensed to practice law in this state |
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for at least four years; |
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[(3)] not have been defeated for reelection to a |
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judicial office; |
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(3) [(4)] not have been removed from office by |
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impeachment, by the supreme court, by the governor on address to the |
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legislature, by a tribunal reviewing a recommendation of the State |
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Commission on Judicial Conduct, or by the legislature's abolition |
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of the judge's court; and |
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(4) [(5)] not have resigned from office after having |
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received notice that formal proceedings by the State Commission on |
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Judicial Conduct had been instituted as provided in Section 33.022 |
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and before the final disposition of the proceedings. |
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SECTION 6. Section 54.872, Government Code, is amended to |
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read as follows: |
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Sec. 54.872. QUALIFICATIONS. To be eligible for |
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appointment as a magistrate, a person must[: |
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[(1)] be a resident of this state[; and |
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[(2) have been licensed to practice law in this state |
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for at least four years]. |
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SECTION 7. Section 54.902, Government Code, is amended to |
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read as follows: |
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Sec. 54.902. QUALIFICATIONS. To be eligible for |
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appointment as a magistrate, a person must[: |
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[(1)] be a resident of this state[; and |
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[(2) have been licensed to practice law in this state |
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for at least four years]. |
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SECTION 8. Section 54.972, Government Code, is amended to |
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read as follows: |
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Sec. 54.972. QUALIFICATIONS. A magistrate must[: |
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[(1)] be a resident of this state and of Travis |
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County[; and |
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[(2) have been licensed to practice law in this state |
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for at least four years]. |
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SECTION 9. Section 54.1173, Government Code, is amended to |
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read as follows: |
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Sec. 54.1173. QUALIFICATIONS. A magistrate must: |
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(1) be a citizen of this state; and |
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(2) be at least 25 years of age[; and |
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[(3) have been licensed to practice law in this state |
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for at least four years preceding the date of appointment]. |
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SECTION 10. Section 54.1353, Government Code, is amended to |
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read as follows: |
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Sec. 54.1353. QUALIFICATIONS. To be eligible for |
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appointment as a criminal law hearing officer under this |
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subchapter, a person must: |
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(1) be a resident of Cameron County; |
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(2) be eligible to vote in this state and in Cameron |
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County; |
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(3) be at least 30 years of age; and |
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(4) [be a licensed attorney with at least four years' |
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experience; and |
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[(5)] have the other qualifications required by the |
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board. |
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SECTION 11. Section 54.1501(b), Government Code, is amended |
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to read as follows: |
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(b) The commissioners court shall establish the minimum |
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qualifications, salary, benefits, and other compensation of each |
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magistrate position and shall determine whether the position is |
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full-time or part-time. [The qualifications must require the |
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magistrate to: |
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[(1) have served as a justice of the peace or municipal |
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court judge; or |
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[(2) be an attorney licensed in this state.] |
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SECTION 12. Section 54.1804, Government Code, is amended to |
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read as follows: |
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Sec. 54.1804. QUALIFICATIONS. A magistrate must[: |
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[(1)] be a resident of this state and of the county in |
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which the magistrate is appointed to serve under this subchapter[; |
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and |
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[(2) have been licensed to practice law in this state |
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for at least four years]. |
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SECTION 13. Section 54.1851(b), Government Code, is amended |
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to read as follows: |
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(b) The commissioners court shall establish the minimum |
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qualifications, salary, benefits, and other compensation of each |
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magistrate position and shall determine whether the position is |
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full-time or part-time. [The qualifications must require the |
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magistrate to have served as a justice of the peace or be an |
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attorney licensed in this state.] |
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SECTION 14. Section 54.1953, Government Code, is amended to |
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read as follows: |
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Sec. 54.1953. QUALIFICATIONS. A magistrate must: |
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(1) be a citizen of this state; and |
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(2) have resided in the county for at least six months |
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before the date of the appointment[; and |
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[(3) have: |
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[(A) served as a justice of the peace for at least |
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four years before the date of appointment; or |
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[(B) been licensed to practice law in this state |
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for at least four years before the date of appointment]. |
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SECTION 15. Section 54.2202(a), Government Code, is amended |
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to read as follows: |
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(a) To be eligible for appointment as a magistrate, a person |
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must: |
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(1) be a citizen of the United States; and |
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(2) have resided in Collin County for at least the four |
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years preceding the person's appointment[; and |
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[(3) have been licensed to practice law in this state |
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for at least four years]. |
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SECTION 16. Section 54.2402(a), Government Code, is amended |
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to read as follows: |
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(a) To be eligible for appointment as a magistrate, a person |
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must: |
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(1) be a citizen of the United States; and |
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(2) have resided in Fort Bend County for at least the |
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four years preceding the person's appointment[; and |
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[(3) have been licensed to practice law in this state |
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for at least four years]. |
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SECTION 17. Section 54.2602, Government Code, is amended to |
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read as follows: |
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Sec. 54.2602. QUALIFICATIONS. To be eligible for |
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appointment as a magistrate, a person must[: |
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[(1)] be a resident of this state[; and |
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[(2) have been licensed to practice law in this state |
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for at least four years]. |
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SECTION 18. Section 54.2702(a), Government Code, is amended |
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to read as follows: |
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(a) To be eligible for appointment as a magistrate, a person |
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must be a resident of this state [and: |
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[(1) have served as a justice of the peace or municipal |
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court judge for at least four years before the date of appointment; |
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or |
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[(2) have been licensed to practice law in this state |
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for at least four years before the date of appointment]. |
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SECTION 19. Section 54.2802(a), Government Code, is amended |
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to read as follows: |
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(a) The district court judges with jurisdiction in Denton |
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County and the judges of the criminal statutory county courts of |
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Denton County shall appoint one or more judges to preside over the |
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criminal law magistrate court. An appointed judge must: |
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(1) serve Denton County as a district court judge, a |
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criminal statutory county court judge, an associate judge of a |
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court with criminal jurisdiction, a magistrate, including a jail |
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magistrate, a judge of a municipal court of record, or a justice of |
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the peace; |
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(2) [be a licensed attorney in good standing with the |
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State Bar of Texas; |
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[(3)] be authorized to access criminal history records |
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under state and federal law; |
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(3) [(4)] have completed training necessary to serve |
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as a magistrate in Denton County, as determined by the district |
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court judges with jurisdiction in Denton County and the judges of |
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the criminal statutory county courts of Denton County; and |
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(4) [(5)] meet the qualifications under Section |
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54.2807. |
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SECTION 20. Section 54.2807, Government Code, is amended to |
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read as follows: |
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Sec. 54.2807. QUALIFICATIONS. To be eligible for |
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appointment as the criminal law magistrate court associate judge, a |
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jail magistrate, or another magistrate in the criminal law |
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magistrate court, a person must[: |
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[(1)] have been a resident of Denton County for at |
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least two years preceding the person's appointment[; and |
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[(2) have been licensed to practice law in this state |
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for at least four years]. |
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SECTION 21. Section 54A.003, Government Code, is amended to |
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read as follows: |
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Sec. 54A.003. QUALIFICATIONS. To qualify for appointment |
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as an associate judge under this subchapter, a person must: |
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(1) be a resident of this state and one of the counties |
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the person will serve; |
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(2) have been licensed to practice law in this state |
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for at least five [four] years; |
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(3) not have been removed from office by impeachment, |
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by the supreme court, by the governor on address to the legislature, |
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by a tribunal reviewing a recommendation of the State Commission on |
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Judicial Conduct, or by the legislature's abolition of the judge's |
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court; and |
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(4) not have resigned from office after having |
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received notice that formal proceedings by the State Commission on |
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Judicial Conduct had been instituted as provided by Section 33.022 |
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and before final disposition of the proceedings. |
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SECTION 22. Section 54A.103, Government Code, is amended to |
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read as follows: |
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Sec. 54A.103. QUALIFICATIONS. To qualify for appointment |
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as an associate judge under this subchapter, a person must: |
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(1) be a resident of this state and one of the counties |
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the person will serve; |
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(2) have been licensed to practice law in this state |
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for at least five [four] years; |
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(3) not have been removed from office by impeachment, |
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by the supreme court, by the governor on address to the legislature, |
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by a tribunal reviewing a recommendation of the State Commission on |
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Judicial Conduct, or by the legislature's abolition of the judge's |
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court; and |
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(4) not have resigned from office after having |
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received notice that formal proceedings by the State Commission on |
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Judicial Conduct had been instituted as provided in Section 33.022 |
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and before final disposition of the proceedings. |
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SECTION 23. Section 54A.305(a), Government Code, is amended |
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to read as follows: |
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(a) To be eligible for appointment as an associate judge |
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under this subchapter, a person must: |
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(1) be a citizen of the United States; |
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(2) be a resident of this state for the two years |
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preceding the date of appointment; and |
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(3) be: |
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(A) eligible for assignment under Section 74.054 |
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because the person is named on the list of retired and former judges |
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maintained by the presiding judge of the administrative judicial |
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region under Section 74.055; |
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(B) eligible for assignment under Section |
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25.0022 by the presiding judge of the statutory probate courts; or |
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(C) licensed to practice law in this state for at |
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least five years and have at least four years of experience in |
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guardianship proceedings or protective services proceedings before |
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the date of appointment as a practicing attorney in this state or a |
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judge of a court in this state. |
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SECTION 24. The changes in law made by this Act apply only |
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to a master, magistrate, referee, or associate judge appointed |
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under Chapter 54 or 54A, Government Code, as amended by this Act, on |
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or after the effective date of this Act. A master, magistrate, |
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referee, or associate judge appointed before the effective date of |
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this Act is governed by the law in effect on the date the master, |
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magistrate, referee, or associate judge was appointed, and the |
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former law is continued in effect for that purpose. |
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SECTION 25. This Act takes effect September 1, 2025. |