Texas 2009 - 81st Regular

Texas Senate Bill SB1369 Compare Versions

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1	1	S.B. No. 1369
2	2
3	3
4	4	AN ACT
5	5	relating to the appointment of attorneys ad litem and to
6	6	court-appointed volunteer advocates in certain suits affecting the
7	7	parent-child relationship.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 74.092, Government Code, is amended to
10	10	read as follows:
11	11	Sec. 74.092. DUTIES OF LOCAL ADMINISTRATIVE JUDGE. (a) A
12	12	local administrative judge, for the courts for which the judge
13	13	serves as local administrative judge, shall:
14	14	(1) implement and execute the local rules of
15	15	administration, including the assignment, docketing, transfer, and
16	16	hearing of cases;
17	17	(2) appoint any special or standing committees
18	18	necessary or desirable for court management and administration;
19	19	(3) promulgate local rules of administration if the
20	20	other judges do not act by a majority vote;
21	21	(4) recommend to the regional presiding judge any
22	22	needs for assignment from outside the county to dispose of court
23	23	caseloads;
24	24	(5) supervise the expeditious movement of court
25	25	caseloads, subject to local, regional, and state rules of
26	26	administration;
27	27	(6) provide the supreme court and the office of court
28	28	administration requested statistical and management information;
29	29	(7) set the hours and places for holding court in the
30	30	county;
31	31	(8) supervise the employment and performance of
32	32	nonjudicial personnel;
33	33	(9) supervise the budget and fiscal matters of the
34	34	local courts, subject to local rules of administration;
35	35	(10) coordinate and cooperate with any other local
36	36	administrative judge in the district in the assignment of cases in
37	37	the courts' concurrent jurisdiction for the efficient operation of
38	38	the court system and the effective administration of justice; [and]
39	39	(11) establish and maintain a list of all attorneys
40	40	qualified to serve as an attorney ad litem; and
41	41	(12) perform other duties as may be directed by the
42	42	chief justice or a regional presiding judge.
43	43	(b) A list of attorneys ad litem maintained under Subsection
44	44	(a)(11) must contain the names of all attorneys who:
45	45	(1) meet any statutory or other requirements to serve
46	46	as an attorney ad litem; and
47	47	(2) have registered to serve as attorney ad litem with
48	48	a court for which the judge maintaining the list serves as local
49	49	administrative judge.
50	50	SECTION 2. Subchapter D, Chapter 74, Government Code, is
51	51	amended by adding Section 74.098 to read as follows:
52	52	Sec. 74.098. APPOINTMENT OF ATTORNEYS AD LITEM; MAINTENANCE
53	53	OF LIST. (a) Except as provided by Subsection (b), in each case in
54	54	which the appointment of an attorney ad litem is necessary, a court
55	55	shall appoint the attorney whose name appears first on the list of
56	56	attorneys ad litem maintained by the local administrative judge for
57	57	that court as required by Section 74.092.
58	58	(b) The court may appoint an attorney included on the list
59	59	whose name does not appear first on the list or an attorney not
60	60	included on the list if the appointment of that attorney as attorney
61	61	ad litem is:
62	62	(1) required on a complex matter because the attorney
63	63	possesses relevant specialized education, training, certification,
64	64	or skill;
65	65	(2) made pursuant to the Family Code, Health and
66	66	Safety Code, Human Resources Code, Texas Trust Code (Subtitle B,
67	67	Title 9, Property Code), or Texas Probate Code; or
68	68	(3) agreed on by the parties and approved by the court.
69	69	(c) After an attorney has been appointed as an attorney ad
70	70	litem from the list, the local administrative judge shall place
71	71	that attorney's name at the end of the list.
72	72	SECTION 3. Subdivision (2), Section 264.601, Family Code,
73	73	is amended to read as follows:
74	74	(2) "Volunteer advocate program" means a
75	75	volunteer-based, nonprofit program that:
76	76	(A) provides advocacy services to abused or
77	77	neglected children with the goal of obtaining a permanent placement
78	78	for a child that is in the child's best interest; and
79	79	(B) complies with recognized standards for
80	80	volunteer advocate programs.
81	81	SECTION 4. Section 264.602, Family Code, is amended by
82	82	amending Subsection (a) and adding Subsection (f) to read as
83	83	follows:
84	84	(a) The statewide organization with which the attorney
85	85	general contracts under Section 264.603 shall contract for services
86	86	with eligible volunteer advocate programs to provide advocacy
87	87	services to abused or neglected children [expand the existing
88	88	services of the programs].
89	89	(f) Expenses incurred by a volunteer advocate program to
90	90	promote public awareness of the need for volunteer advocates or to
91	91	explain the work performed by volunteer advocates that are paid
92	92	with money from the attorney general volunteer advocate program
93	93	account under Section 504.611, Transportation Code, are not
94	94	considered administrative expenses for the purpose of Section
95	95	264.603(b).
96	96	SECTION 5. Subsection (a), Section 264.603, Family Code, is
97	97	amended to read as follows:
98	98	(a) The attorney general shall contract with one statewide
99	99	organization of individuals or groups of individuals who have
100	100	expertise in the dynamics of child abuse and neglect and experience
101	101	in operating volunteer advocate programs to provide training,
102	102	technical assistance, and evaluation services for the benefit of
103	103	local volunteer advocate programs. The contract shall:
104	104	(1) include [require] measurable goals and objectives
105	105	relating to the number of:
106	106	(A) volunteer advocates in the program; and
107	107	(B) children receiving services from the
108	108	program; and
109	109	(2) follow practices designed to ensure compliance
110	110	with standards referenced in the contract [for expanding local
111	111	volunteer child advocate programs to areas of the state in which
112	112	those programs do not exist].
113	113	SECTION 6. Subsection (a), Section 264.604, Family Code, is
114	114	amended to read as follows:
115	115	(a) A person is eligible for a contract under Section
116	116	264.602 only if the person is a public or private nonprofit entity
117	117	that operates a volunteer advocate program that:
118	118	(1) uses individuals appointed as volunteer advocates
119	119	or guardians ad litem by the court to provide for the needs of
120	120	abused or neglected children;
121	121	(2) has provided court-appointed advocacy services
122	122	for at least six months [two years];
123	123	(3) provides court-appointed advocacy services for at
124	124	least 10 children each month; and
125	125	(4) has demonstrated that the program has local
126	126	judicial support.
127	127	SECTION 7. Subsections (b) and (c), Section 264.607, Family
128	128	Code, are repealed.
129	129	SECTION 8. Not later than December 1, 2009, each local
130	130	administrative judge shall establish a list of attorneys registered
131	131	and qualified to serve as attorney ad litem in a court for which the
132	132	judge serves as local administrative judge as required by Section
133	133	74.092, Government Code, as amended by this Act.
134	134	SECTION 9. The change in law made by this Act applies only
135	135	to the appointment of an attorney ad litem on or after December 1,
136	136	2009.
137	137	SECTION 10. This Act takes effect September 1, 2009.
138	138	______________________________ ______________________________
139	139	President of the Senate Speaker of the House
140	140	I hereby certify that S.B. No. 1369 passed the Senate on
141	141	April 9, 2009, by the following vote: Yeas 31, Nays 0; and that
142	142	the Senate concurred in House amendment on May 30, 2009, by the
143	143	following vote: Yeas 31, Nays 0.
144	144	______________________________
145	145	Secretary of the Senate
146	146	I hereby certify that S.B. No. 1369 passed the House, with
147	147	amendment, on May 27, 2009, by the following vote: Yeas 145,
148	148	Nays 3, one present not voting.
149	149	______________________________
150	150	Chief Clerk of the House
151	151	Approved:
152	152	______________________________
153	153	Date
154	154	______________________________
155	155	Governor