five-year law license rule for masters and magistrates

The text as introduced · 2,144 words

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 licensed to practice law in this state

for at least four years ].

SECTION 18. Section 54.2702(a), Government Code, is amended

to read as follows:

(a) To be eligible for appointment as a magistrate, a person

must be a resident of this state [ and:

[ (1) have served as a justice of the peace or municipal

court judge for at least four years before the date of appointment;

or

[ (2) have been licensed to practice law in this state

for at least four years before the date of appointment ].

SECTION 19. 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 20. 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 21. 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 22. 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 23. 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 24. The changes in law made by this Act apply only

to a master, magistrate, referee, or associate judge 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, or associate judge appointed before the effective date of

this Act is governed by the law in effect on the date the master,

magistrate, referee, or associate judge was appointed, and the

former law is continued in effect for that purpose.

SECTION 25. This Act takes effect September 1, 2025.