S.B. No. 1369
AN ACT
relating to the appointment of attorneys ad litem and 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 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. Subdivision (2), Section 264.601, Family Code,
is amended to read as follows:
(2) "Volunteer advocate program" means a
volunteer-based, nonprofit program that:
(A) provides advocacy services to abused or
neglected children with the goal of obtaining a permanent placement
for a child that is in the child's best interest; and
(B) complies with recognized standards for
volunteer advocate programs.
SECTION 4. Section 264.602, Family Code, is amended by
amending Subsection (a) and adding Subsection (f) to read as
follows:
(a) The statewide organization with which the attorney
general contracts under Section 264.603 shall contract for services
with eligible volunteer advocate programs to provide advocacy
services to abused or neglected children [expand the existing
services of the programs].
(f) Expenses incurred by a volunteer advocate program to
promote public awareness of the need for volunteer advocates or to
explain the work performed by volunteer advocates that are paid
with money from the attorney general volunteer advocate program
account under Section 504.611, Transportation Code, are not
considered administrative expenses for the purpose of Section
264.603(b).
SECTION 5. Subsection (a), Section 264.603, Family Code, is
amended to read as follows:
(a) The attorney general shall contract with one statewide
organization of individuals or groups of individuals who have
expertise in the dynamics of child abuse and neglect and experience
in operating volunteer advocate programs to provide training,
technical assistance, and evaluation services for the benefit of
local volunteer advocate programs. The contract shall:
(1) include [require] measurable goals and objectives
relating to the number of:
(A) volunteer advocates in the program; and
(B) children receiving services from the
program; and
(2) follow practices designed to ensure compliance
with standards referenced in the contract [for expanding local
volunteer child advocate programs to areas of the state in which
those programs do not exist].
SECTION 6. Subsection (a), Section 264.604, Family Code, is
amended to read as follows:
(a) A person is eligible for a contract under Section
264.602 only if the person is a public or private nonprofit entity
that operates a volunteer advocate program that:
(1) uses individuals appointed as volunteer advocates
or guardians ad litem by the court to provide for the needs of
abused or neglected children;
(2) has provided court-appointed advocacy services
for at least six months [two years];
(3) provides court-appointed advocacy services for at
least 10 children each month; and
(4) has demonstrated that the program has local
judicial support.
SECTION 7. Subsections (b) and (c), Section 264.607, Family
Code, are repealed.
SECTION 8. 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 9. 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 10. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1369 passed the Senate on
April 9, 2009, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 30, 2009, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1369 passed the House, with
amendment, on May 27, 2009, by the following vote: Yeas 145,
Nays 3, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor