81R11317 MCK-D
By: Rose H.B. No. 4157
A BILL TO BE ENTITLED
AN ACT
relating to court appointed volunteer advocates in certain suits
affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 107.023(a), Family Code, is amended to
read as follows:
(a) In a suit other than a suit filed by a governmental
entity requesting termination of the parent-child relationship or
appointment of the entity as conservator of the child, in addition
to the attorney's fees that may be awarded under Chapter 106, the
following persons are entitled to reasonable fees and expenses in
an amount set by the court and ordered to be paid by one or more
parties to the suit:
(1) an attorney appointed as an amicus attorney or as
an attorney ad litem for the child; and
(2) a professional who holds a relevant professional
license and who is appointed as guardian ad litem for the child[,
other than a volunteer advocate].
SECTION 2. Sections 107.031(a) and (b), Family Code, are
amended to read as follows:
(a) In a suit filed by a governmental entity requesting
termination of the parent-child relationship or appointment of the
entity as conservator of the child, the court shall [may] appoint a
charitable organization composed of volunteer advocates whose
charter mandates the provision of services to allegedly abused and
neglected children or an individual who has received the court's
approved training regarding abused and neglected children and who
has been certified by the court to appear at court hearings as a
guardian ad litem for the child or as a volunteer advocate for the
child.
(b) In a suit other than a suit filed by a governmental
entity requesting termination of the parent-child relationship or
appointment of the entity as conservator of the child, the court
shall [may] appoint a charitable organization composed of volunteer
advocates whose training provides for the provision of services in
private custody disputes or a person who has received the court's
approved training regarding the subject matter of the suit and who
has been certified by the court to appear at court hearings as a
guardian ad litem for the child or as a volunteer advocate for the
child. [A person appointed under this subsection is not entitled
to fees under Section 107.023.]
SECTION 3. This Act takes effect September 1, 2009.