SB664 - Relating to qualifications, training, removal, and supervision of certain masters, magistrates, referees, associate judges, and hearing officers.

      S.B. No. 664         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 ].       &#xA0 [Text truncated for display. 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