81R8905 YDB-F
By: Lucio S.B. No. 1369
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of attorneys ad litem.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 74.092, Government Code, is amended to
read as follows:
Sec. 74.092. DUTIES OF LOCAL ADMINISTRATIVE JUDGE. (a) A
local administrative judge, for the courts for which the judge
serves as local administrative judge, shall:
(1) implement and execute the local rules of
administration, including the assignment, docketing, transfer, and
hearing of cases;
(2) appoint any special or standing committees
necessary or desirable for court management and administration;
(3) promulgate local rules of administration if the
other judges do not act by a majority vote;
(4) recommend to the regional presiding judge any
needs for assignment from outside the county to dispose of court
caseloads;
(5) supervise the expeditious movement of court
caseloads, subject to local, regional, and state rules of
administration;
(6) provide the supreme court and the office of court
administration requested statistical and management information;
(7) set the hours and places for holding court in the
county;
(8) supervise the employment and performance of
nonjudicial personnel;
(9) supervise the budget and fiscal matters of the
local courts, subject to local rules of administration;
(10) coordinate and cooperate with any other local
administrative judge in the district in the assignment of cases in
the courts' concurrent jurisdiction for the efficient operation of
the court system and the effective administration of justice; [and]
(11) establish and maintain a list of all attorneys
qualified to serve as an attorney ad litem; and
(12) perform other duties as may be directed by the
chief justice or a regional presiding judge.
(b) A list of attorneys ad litem maintained under Subsection
(a)(11) must contain the names of all attorneys who:
(1) meet any statutory or other requirements to serve
as an attorney ad litem; and
(2) have registered to serve as attorney ad litem with
a court for which the judge maintaining the list serves as local
administrative judge.
SECTION 2. Subchapter D, Chapter 74, Government Code, is
amended by adding Section 74.098 to read as follows:
Sec. 74.098. APPOINTMENT OF ATTORNEYS AD LITEM; MAINTENANCE
OF LIST. (a) Except as provided by Subsection (b), in each case in
which the appointment of an attorney ad litem is necessary, a court
shall appoint the attorney whose name appears first on the list of
attorneys ad litem maintained by the local administrative judge for
that court as required by Section 74.092.
(b) The court may appoint an attorney included on the list
whose name does not appear first on the list or an attorney not
included on the list if the appointment of that attorney as attorney
ad litem is:
(1) required on a complex matter because the attorney
possesses relevant specialized education, training, certification,
or skill;
(2) made pursuant to the Family Code, Health and
Safety Code, Human Resources Code, Texas Trust Code (Subtitle B,
Title 9, Property Code), or Texas Probate Code; or
(3) agreed on by the parties and approved by the court.
(c) After an attorney has been appointed as an attorney ad
litem from the list, the local administrative judge shall place
that attorney's name at the end of the list.
SECTION 3. Not later than December 1, 2009, each local
administrative judge shall establish a list of attorneys registered
and qualified to serve as attorney ad litem in a court for which the
judge serves as local administrative judge as required by Section
74.092, Government Code, as amended by this Act.
SECTION 4. The change in law made by this Act applies only
to the appointment of an attorney ad litem on or after December 1,
2009.
SECTION 5. This Act takes effect September 1, 2009.