Relating to qualifications, training, removal, and supervision of certain masters, magistrates, referees, associate judges, and hearing officers.
ModeratePlan for compliance
Low Cost
Effective:2025-09-01
Enforcing Agencies
Local Administrative Judges (Primary Oversight) • State Commission on Judicial Conduct • Office of Court Administration • County Commissioners Courts • Regional Presiding Judges
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: September 1, 2025
Compliance Deadline:August 31, 2025 (You must finalize pending appointments or renewals by this date to utilize the "grandfather clause"; appointments made on or after September 1 must strictly comply with new standards).
Agency Rulemaking: No statutory deadline for new rules is set, but the Office of Court Administration is expected to issue guidance regarding the scope of "supervision" prior to the effective date.
Immediate Action Plan
Audit your current roster of appointed judges and magistrates immediately to identify those who do not meet the post-September 2025 standards.
Finalize contract renewals for current staff before September 1, 2025, to lock in "grandfathered" status under current, more lenient rules.
Update HR vetting protocols to include specific checks for election history and State Bar disciplinary records.
Verify that all officers setting bail possess a current Article 17.024 training certificate; suspend duties immediately if missing.
Operational Changes Required
Contracts
Employment Agreements: Must include automatic termination clauses triggered by loss of State Bar "Good Standing," failure to complete Article 17.024 bail training, or residency changes moving the appointee out of the jurisdiction.
Vendor Agreements: Master Services Agreements (MSAs) for staffing firms providing relief judges must indemnify the court/county against claims arising from the placement of an unqualified officer under SB664 standards.
Hiring/Training
Job Descriptions: Revise to mandate a minimum of five years of Texas licensure (unless specific statute allows 2 or 4) and residency within the specific jurisdiction.
Vetting: Implement a mandatory "Look-Back" check to verify the candidate was not defeated for reelection to a judicial office in the immediately preceding election cycle.
Training: Verify possession of the Article 17.024 bail training certificate for any officer setting bail.
Reporting & Record-Keeping
Qualification File: Create a mandatory compliance file for every appointee containing:
1. State Bar certification of licensure duration.
2. Documented disciplinary clearance (Supreme Court/Commission on Judicial Conduct).
3. Proof of residency at the time of appointment.
Fees & Costs
Insurance: No statutory fee increases. However, review Professional Liability and Public Official Liability policies to ensure coverage extends to "administrative removal proceedings," as this bill creates a new statutory pathway for removal.
Strategic Ambiguities & Considerations
"Defeated for Reelection": The statute disqualifies candidates defeated in the "immediately preceding" election but does not distinguish between primary and general elections. Until clarified by case law, assume any electoral defeat disqualifies the candidate.
"Good Standing" Definition: The law does not specify if administrative suspensions (e.g., for non-payment of Bar dues) constitute a permanent breach of eligibility. Treat any lapse in standing as a potentially disqualifying event.
Scope of Supervision: The mandate for Local Administrative Judges to "supervise" appointees is undefined. Watch for OCA guidance on whether this requires active case file monitoring or merely administrative oversight.
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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
Chapter 54 of the Government Code outlines different rules and regulations for magistrates in certain counties across the state.
S.B. 664 seeks to create uniformity by adding statewide qualifications for magistrates. To ensure proper oversight and accountability, the bill clarifies Chapter 54 magistrates' eligibility for certain removal provisions through the State Commission on Judicial Conduct and directs the local administrative judge to have oversight.
As proposed, S.B. 664 amends current law relating to qualifications, training, removal, and supervision of certain masters, magistrates, referees, associate judges, and hearing officers.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 54, Government Code, by adding Subchapter A, as follows:
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 54.001. QUALIFICATIONS. (a) Requires a person, 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 Chapter 54 (Masters; Magistrates; Referees; Associate Judges), to:
(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 (state bar) for at least five years;
(3)� not have been defeated for reelection to a judicial office;
(4) not have been removed from office by impeachment, the Supreme Court of Texas, the governor on address to the legislature, a tribunal reviewing a recommendation of the State Commission on Judicial Conduct (SCJC), or the legislature's abolition of the judge's court; and
(5)� not have resigned from office after having received notice SCJC had instituted formal proceedings as provided by Section 33.022 (Investigations and Formal Procedures) and before the final disposition of the proceedings.
(b) Requires a person, notwithstanding Subsection (a)(2), to be eligible for appointment as a master, magistrate, referee, associate judge, or hearing officer under certain provisions of this chapter, to have been licensed to practice law in this state and in good standing with the state bar for at least two years.
Sec. 54.002. REQUIRED TRAINING ON DUTIES REGARDING BAIL. Requires a master, magistrate, referee, associate judge, or hearing officer appointed under this chapter whose duties include setting, adjusting, or revoking bail bonds, in addition to any other training required under this chapter,� to comply with the training requirements under Article 17.024 (Training on Duties Regarding Bail), Code of Criminal Procedure.
Sec. 54.003. SUSPENSION AND REMOVAL. (a) Authorizes a master, magistrate, referee, associate judge, or hearing officer appointed under this chapter, in addition to other removal provisions provided under this chapter or other law, to be removed under Section 24 (Removal of County Officers), Article V (Judicial Department), Texas Constitution.
(b) Requires the local administrative judge to 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 (Duties of Arresting Officer and Magistrate), Code of Criminal Procedure.
(c) Requires a local administrative judge to 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 the 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, SCJC.
SECTION 2. Amends Section 54.1173, Government Code, as follows:
Sec. 54.1173. QUALIFICATIONS. Deletes existing text requiring a magistrate to be a citizen of this state and have been licensed to practice law in this state for at least four years preceding the date of appointment. Makes nonsubstantive changes.
SECTION 3. Amends Section 54.1353, Government Code, as follows:
Sec. 54.1353. QUALIFICATIONS. Deletes existing text requiring a person, to be eligible for appointment as a criminal law hearing officer under Subchapter BB (Criminal Hearing Officers in Cameron County), to be a resident of Cameron County and a licensed attorney with at least four years' experience. Makes nonsubstantive changes.
SECTION 4. Amends Section 54.1501 (b), Government Code, to delete existing text requiring that the qualifications established by the commissioners court of Burnet County require a magistrate to have served as a justice of the peace or municipal court judge or be an attorney licensed in this state.
SECTION 5. Amends Section 54.1851(b), Government Code, to delete existing text requiring that the qualifications require the magistrate to have served as a justice of the peace or be an attorney licensed in this state.
SECTION 6. Amends Section 54.1953, Government Code, as follows:
Sec. 54.1953. QUALIFICATIONS. Deletes existing text requiring a magistrate to be a citizen of this state and to have served as a justice of the peace for at least four years before the date of appointment or been licensed to practice law in this state for at least four years before the date of appointment. Makes nonsubstantive changes.
SECTION 7. Amends Section 54.2202(a), Government Code, as follows:
(a) Deletes existing text requiring a person, to be eligible for appointment as a magistrate in Collin County, to have been licensed to practice law in this state for at least four years. Makes nonsubstantive changes.
SECTION 8. Amends Section 54.2402(a), Government Code, to delete existing text requiring a person, to be eligible for appointment as a magistrate, to have been licensed to practice law in this state for at least four years and to make nonsubstantive changes.�
SECTION 9. Amends the heading to Section 54.2702, Government Code, to read as follows:
Sec. 54.2702. OATH OF OFFICE.
SECTION 10. Amends Section 54.2802(a), Government Code, as follows:
(a) Deletes existing text requiring a judge appointed to preside over the criminal law magistrate court of Denton County to be a licensed attorney in good standing with the State Bar of Texas. Makes nonsubstantive changes.
SECTION 11. Amends Section 54.2807, Government Code, as follows:
Sec. 54.2807. QUALIFICATIONS. Deletes existing text requiring a person, to be eligible for appointment as the criminal law magistrate court associate judge of Denton County, a jail magistrate, or another magistrate in the criminal law magistrate court, to have been licensed to practice law in this state for at least four years. Makes nonsubstantive changes.
SECTION 12. Amends Section 74.092(a), Government Code, as follows:
(a) Requires a local administrative judge, for the courts for which the judge serves as local administrative judge, to perform certain actions, including supervising 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. Makes a nonsubstantive change.
SECTION 13. Repealers: Sections 54.302 (Qualifications) and 54.652 (Qualifications), Government Code.
Repealers: Sections 54.802 (Qualifications) and 54.853 (Qualifications), Government Code.
Repealers: Sections 54.872 (Qualifications) and 54.902 (Qualifications), Government Code.
Repealers: Sections 54.972 (Qualifications) and 54.992 (Qualifications), Government Code.
Repealers: Sections 54.1804 (Qualifications) and 54.2602 (Qualifications), Government Code.
Repealer: Section 54.2702 (a) (relating to requiring a person, to be eligible as a magistrate, to be a resident of this state and meet certain requirements), Government Code.�
SECTION 14. Makes application of this Act prospective.
Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB664 by Huffman (Relating to qualifications, training, removal, and supervision of certain masters, magistrates, referees, associate judges, and hearing officers.), As Introduced
No significant fiscal implication to the State is anticipated.
It is assumed that any costs associated with the bill could be absorbed using existing resources.
Local Government Impact
The fiscal implications of the bill cannot be determined at this time.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 242 State Commission on Judicial Conduct
LBB Staff:
JMc, MGol, DA, NTh
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SB664 strips local courts of discretion regarding the qualifications of appointed judicial officers (magistrates, associate judges, referees), mandating strict state-level licensure, residency, and vetting standards effective September 1, 2025. This legislation impacts any entity employing part-time magistrates or relying on the validity of court orders, requiring immediate updates to hiring protocols and contract indemnities to prevent voidable judgments and statutory removal. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: August 31, 2025 (You must finalize pending appointments or renewals by this date to utilize the "grandfather clause"; appointments made on or after September 1 must strictly comply with new standards).
Q
Who authored SB664?
SB664 was authored by Texas Senator Joan Huffman during the Regular Session.
Q
When was SB664 signed into law?
SB664 was signed into law by Governor Greg Abbott on May 30, 2025.
Q
Which agencies enforce SB664?
SB664 is enforced by Local Administrative Judges (Primary Oversight), State Commission on Judicial Conduct, Office of Court Administration, County Commissioners Courts and Regional Presiding Judges.
Q
How urgent is compliance with SB664?
The compliance urgency for SB664 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of SB664?
The cost impact of SB664 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does SB664 address?
SB664 addresses topics including courts, courts--county & statutory, courts--judges, courts--personnel and occupational regulation.
Legislative data provided by LegiScanLast updated: November 25, 2025
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