HB5079 - Relating to the qualifications of certain masters, magistrates, referees, and associate judges.

  89R5304 BCH-D     By: Leach H.B. No. 5079       A BILL TO BE ENTITLED   AN ACT   relating to the qualifications of certain masters, magistrates,   referees, and associate judges.          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)   Except as provided by   Subsection (b) or another provision of this chapter and in addition   to any other qualification required by law, a master, magistrate,   referee, or associate judge appointed under this chapter must have   been licensed to practice law in this state for at least five years   before the date of appointment.           (b)     A master, magistrate, referee, or associate judge   appointed under the following provisions of this chapter must have   been licensed to practice law in this state for at least two years   before the date of appointment:                 (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.          SECTION 2.  Section 54.302, Government Code, is amended to   read as follows:          Sec. 54.302.  QUALIFICATIONS.  To be eligible for   appointment as a magistrate, a person must[ :                [ (1) ]  be a resident of this state[ ; and                [ (2)     have been licensed to practice law in this state   for at least four years ].          SECTION 3.  Section 54.652, Government Code, is amended to   read as follows:          Sec. 54.652.  QUALIFICATIONS. To be eligible for   appointment as a magistrate, a person must[ :                [ (1) ]  be a resident of this state[ ; and                [ (2)     have been licensed to practice law in this state   for at least four years ].          SECTION 4.  Section 54.802, Government Code, is amended to   read as follows:          Sec. 54.802.  QUALIFICATIONS.  A master must[ :                [ (1) ]  be a citizen and resident of this state[ ; and                [ (2)     have been licensed to practice law in this state   for at least four years ].          SECTION 5.  Section 54.853, Government Code, is amended to   read as follows:          Sec. 54.853.  QUALIFICATIONS.  To be eligible for   appointment as a criminal law hearing officer under this   subchapter, a person must:                (1)  be a resident of this state and the county;                (2)  [ have been licensed to practice law in this state   for at least four years;                [ (3) ]  not have been defeated for reelection to a   judicial office;                 (3)  [ (4) ]  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)  [ (5) ]  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 the final disposition of the proceedings.          SECTION 6.  Section 54.872, Government Code, is amended to   read as follows:          Sec. 54.872.  QUALIFICATIONS. To be eligible for   appointment as a magistrate, a person must[ :                [ (1) ]  be a resident of this state[ ; and                [ (2)     have been licensed to practice law in this state   for at least four years ].          SECTION 7.  Section 54.902, Government Code, is amended to   read as follows:          Sec. 54.902.  QUALIFICATIONS. To be eligible for   appointment as a magistrate, a person must[ :                [ (1) ]  be a resident of this state[ ; and                [ (2)     have been licensed to practice law in this state   for at least four years ].          SECTION 8.  Section 54.972, Government Code, is amended to   read as follows:          Sec. 54.972.  QUALIFICATIONS. A magistrate must[ :                [ (1) ]  be a resident of this state and of Travis   County[ ; and                [ (2)     have been licensed to practice law in this state   for at least four years ].          SECTION 9.  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; and                (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 10.  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;                (3)  be at least 30 years of age; and                (4)  [ be a licensed attorney with at least four years'   experience; and                [ (5) ] have the other qualifications required by the   board.          SECTION 11.  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 12.  Section 54.1804, Government Code, is amended to   read as follows:          Sec. 54.1804.  QUALIFICATIONS. A magistrate must[ :                [ (1) ] be a resident of this state and of the county in   which the magistrate is appointed to serve under this subchapter[ ;   and                [ (2)     have been licensed to practice law in this state   for at least four years ].          SECTION 13.  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 14.  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; and                (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 15.  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 16.  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 17.  Section 54.2602, Government Code, is amended to   read as follows:          Sec. 54.2602.  QUALIFICATIONS. To be eligible for   appointment as a magistrate, a person must[ :                [ (1) ]  be a resident of this state[ ; and                [ (2)     have been l [Text truncated for display. Full text available on Congress.gov.]