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SB 664

AN ACT relating to qualifications, training, removal, and supervision of

Senate Bill Huffman
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Filed

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Passed Cmte

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Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to Senate committee

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What This Bill Does

relating to qualifications, training, removal, and supervision of

Subject Areas

Bill Text

relating to qualifications, training, removal, and supervision of
certain masters, magistrates, referees, associate judges, and
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
(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
(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
(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:
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,
(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
(1)  the commissioners court for the county in which
the master, magistrate, referee, associate judge, or hearing
(2)  the presiding judge of the administrative judicial
region for the court served by judge;
(3)  the Office of Court Administration of the Texas
(4)  if the local administrative judge determines the
referring court is culpable in the violation, the State Commission
SECTION 2.  Section 54.1173, Government Code, is amended to
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
Sec. 54.1353.  QUALIFICATIONS.  To be eligible for
appointment as a criminal law hearing officer under this
(1)  [be a resident of Cameron County;
[(2)]  be eligible to vote in this state and in Cameron
(2) [(3)]  be at least 30 years of age;
[(4)  be a licensed attorney with at least four years'
(3) [(5)]  have the other qualifications required by
SECTION 4.  Section 54.1501(b), Government Code, is amended
(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
[(1)  have served as a justice of the peace or municipal
[(2)  be an attorney licensed in this state.]
SECTION 5.  Section 54.1851(b), Government Code, is amended
(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
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
[(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
(a)  To be eligible for appointment as a magistrate, a person
(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
SECTION 8.  Section 54.2402(a), Government Code, is amended
(a)  To be eligible for appointment as a magistrate, a person
(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
SECTION 9.  The heading to Section 54.2702, Government Code,
Sec. 54.2702.  [QUALIFICATIONS;] OATH OF OFFICE.
SECTION 10.  Section 54.2802(a), Government Code, is amended
(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
(2)  [be a licensed attorney in good standing with the
[(3)]  be authorized to access criminal history records
(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
SECTION 11.  Section 54.2807, Government Code, is amended to
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
SECTION 12.  Section 74.092(a), Government Code, is amended
(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
(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
(5)  supervise the expeditious movement of court
caseloads, subject to local, regional, and state rules of
(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
(8)  supervise the employment and performance of
(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
(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
(B)  a representative of the sheriff's office;
(C)  a representative of the county commissioners
(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 13.  The following provisions of the Government Code
SECTION 14.  The changes in law made by this Act apply only
to a master, magistrate, referee, associate judge, or hearing
officer appointed under Chapter 54, 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 15.  This Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to qualifications, training, removal, and supervision of