Texas 2015 - 84th Regular

Texas House Bill HB3003 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Thompson of Harris (Senate Sponsor - Garcia) H.B. No. 3003
2		-	(In the Senate - Received from the House May 4, 2015;
3		-	May 4, 2015, read first time and referred to Committee on State
4		-	Affairs; May 12, 2015, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 9, Nays 0;
6		-	May 12, 2015, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR H.B. No. 3003 By: Zaffirini
	1	+	H.B. No. 3003
9	2
10	3
11		-	A BILL TO BE ENTITLED
12	4		AN ACT
13	5		relating to the appointment of counsel in certain suits affecting
14	6		the parent-child relationship.
15	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	8		SECTION 1. Chapter 107, Family Code, is amended by adding
17	9		Subchapters E and F to read as follows:
18	10		SUBCHAPTER E. OFFICE OF CHILD REPRESENTATION AND OFFICE OF PARENT
19	11		REPRESENTATION
20	12		Sec. 107.061. DEFINITION. In this subchapter,
21	13		"governmental entity" includes a county, a group of counties, a
22	14		department of a county, an administrative judicial region created
23	15		by Section 74.042, Government Code, and any entity created under
24	16		the Interlocal Cooperation Act as permitted by Chapter 791,
25	17		Government Code.
26	18		Sec. 107.062. APPLICABILITY. This subchapter applies to a
27	19		suit filed by a governmental entity seeking termination of the
28	20		parent-child relationship or the appointment of a conservator for a
29	21		child in which appointment of an attorney is required under Section
30	22		107.012 or 107.013.
31	23		Sec. 107.063. NONPROFIT FUNDING. This subchapter does not
32	24		limit or prevent a nonprofit corporation from receiving and using
33	25		money obtained from other entities to provide legal representation
34	26		and services as authorized by this subchapter.
35	27		Sec. 107.064. OFFICE OF CHILD REPRESENTATION. An office of
36	28		child representation is an entity that uses public money to provide
37	29		legal representation and services for a child in a suit filed by a
38	30		governmental entity seeking termination of the parent-child
39	31		relationship or the appointment of a conservator for the child in
40	32		which appointment is mandatory for a child under Section 107.012.
41	33		Sec. 107.065. OFFICE OF PARENT REPRESENTATION. An office of
42	34		parent representation is an entity that uses public money to
43	35		provide legal representation and services for a parent in a suit
44	36		filed by a governmental entity seeking termination of the
45	37		parent-child relationship or the appointment of a conservator for a
46	38		child in which appointment is mandatory for a parent under Section
47	39		107.013.
48	40		Sec. 107.066. CREATION OF OFFICE OF CHILD REPRESENTATION OR
49	41		OFFICE OF PARENT REPRESENTATION. (a) An office described by
50	42		Section 107.064 or 107.065 may be a governmental entity or a
51	43		nonprofit corporation operating under a written agreement with a
52	44		governmental entity, other than an individual judge or court.
53	45		(b) The commissioners court of any county, on written
54	46		approval of a judge of a statutory county court or a district court
55	47		having family law jurisdiction in the county, may create an office
56	48		of child representation, an office of parent representation, or
57	49		both offices by establishing a department of the county or
58	50		designating under a contract a nonprofit corporation to perform the
59	51		duties of an office.
60	52		(c) The commissioners courts of two or more counties may
61	53		enter into a written agreement to jointly create and jointly fund a
62	54		regional office of child representation, a regional office of
63	55		parent representation, or both regional offices.
64	56		(d) In creating an office of child representation or office
65	57		of parent representation under this section, the commissioners
66	58		court shall specify or the commissioners courts shall jointly
67	59		specify, as applicable:
68	60		(1) the duties of the office;
69	61		(2) the types of cases to which the office may be
70	62		appointed under this chapter and the courts in which an attorney
71	63		employed by the office may be required to appear;
72	64		(3) if the office is a nonprofit corporation, the term
73	65		during which the contract designating the office is effective and
74	66		how that contract may be renewed on expiration of the term; and
75	67		(4) if an oversight board is established under Section
76	68		107.072 for the office, the powers and duties that have been
77	69		delegated to the oversight board.
78	70		Sec. 107.067. NONPROFIT AS OFFICE. (a) Before contracting
79	71		with a nonprofit corporation to serve as an office of child
80	72		representation or office of parent representation, the
81	73		commissioners court or commissioners courts, as applicable, must
82	74		solicit proposals for the office.
83	75		(b) After considering each proposal for an office of child
84	76		representation or office of parent representation submitted by a
85	77		nonprofit corporation, the commissioners court or commissioners
86	78		courts, as applicable, shall select a proposal that reasonably
87	79		demonstrates that the office will provide adequate quality
88	80		representation for children for whom appointed counsel is required
89	81		under Section 107.012 or for parents for whom appointed counsel is
90	82		required under Section 107.013, as applicable.
91	83		(c) The total cost of the proposal may not be the sole
92	84		consideration in selecting a proposal.
93	85		Sec. 107.068. PLAN OF OPERATION FOR OFFICE. The applicable
94	86		commissioners court or commissioners courts shall require a written
95	87		plan of operation from an entity serving as an office of child
96	88		representation or office of parent representation. The plan must
97	89		include:
98	90		(1) a budget for the office, including salaries;
99	91		(2) a description of each personnel position,
100	92		including the chief counsel position;
101	93		(3) the maximum allowable caseloads for each attorney
102	94		employed by the office;
103	95		(4) provisions for training personnel and attorneys
104	96		employed by the office;
105	97		(5) a description of anticipated overhead costs for
106	98		the office;
107	99		(6) policies regarding the use of licensed
108	100		investigators and expert witnesses by the office; and
109	101		(7) a policy to ensure that the chief of the office and
110	102		other attorneys employed by the office do not provide
111	103		representation to a child, a parent, or an alleged father, as
112	104		applicable, if doing so would create a conflict of interest.
113	105		Sec. 107.069. OFFICE PERSONNEL. (a) An office of child
114	106		representation or office of parent representation must be directed
115	107		by a chief counsel who:
116	108		(1) is a member of the State Bar of Texas;
117	109		(2) has practiced law for at least three years; and
118	110		(3) has substantial experience in the practice of
119	111		child welfare law.
120	112		(b) An office of child representation or office of parent
121	113		representation may employ attorneys, licensed investigators,
122	114		licensed social workers, and other personnel necessary to perform
123	115		the duties of the office as specified by the commissioners court or
124	116		commissioners courts.
125	117		(c) An attorney for the office of child representation or
126	118		office of parent representation must comply with any applicable
127	119		continuing education and training requirements of Sections 107.004
128	120		and 107.0131 before accepting representation.
129	121		(d) Except as authorized by this chapter, the chief counsel
130	122		and other attorneys employed by an office of child representation
131	123		or office of parent representation may not:
132	124		(1) engage in the private practice of child welfare
133	125		law; or
134	126		(2) accept anything of value not authorized by this
135	127		chapter for services rendered under this chapter.
136	128		(e) A judge may remove from a case a person who violates
137	129		Subsection (d).
138	130		Sec. 107.070. APPOINTMENTS IN COUNTY IN WHICH OFFICE
139	131		CREATED. (a) If there is an office of child representation or
140	132		office of parent representation serving a county, a court in that
141	133		county shall appoint for a child or parent, as applicable, an
142	134		attorney from the office in a suit filed in the county by a
143	135		governmental entity seeking termination of the parent-child
144	136		relationship or the appointment of a conservator for the child,
145	137		unless there is a conflict of interest or other reason to appoint a
146	138		different attorney from the list maintained by the court of
147	139		attorneys qualified for appointment under Section 107.012 or
148	140		107.013.
149	141		(b) An office of child representation or office of parent
150	142		representation may not accept an appointment if:
151	143		(1) a conflict of interest exists;
152	144		(2) the office has insufficient resources to provide
153	145		adequate representation;
154	146		(3) the office is incapable of providing
155	147		representation in accordance with the rules of professional
156	148		conduct;
157	149		(4) the appointment would require one or more
158	150		attorneys at the office to have a caseload that exceeds the maximum
159	151		allowable caseload; or
160	152		(5) the office shows other good cause for not
161	153		accepting the appointment.
162	154		(c) An office of parent representation may investigate the
163	155		financial condition of any person the office is appointed to
164	156		represent under Section 107.013. The office shall report the
165	157		results of the investigation to the appointing judge. The judge may
166	158		hold a hearing to determine if the person is indigent and entitled
167	159		to appointment of representation under Section 107.013.
168	160		(d) If it is necessary to appoint an attorney who is not
169	161		employed by an office of child representation or office of parent
170	162		representation for one or more parties, the attorney is entitled to
171	163		the compensation provided by Section 107.015.
172	164		Sec. 107.071. FUNDING OF OFFICE. An office of child
173	165		representation or office of parent representation is entitled to
174	166		receive money for personnel costs and expenses incurred in
175	167		operating as an office in amounts set by the commissioners court and
176	168		paid out of the appropriate county fund, or jointly fixed by the
177	169		commissioners courts and proportionately paid out of each
178	170		appropriate county fund if the office serves more than one county.
179	171		Sec. 107.072. OVERSIGHT BOARD. (a) The commissioners court
180	172		of a county or the commissioners courts of two or more counties may
181	173		establish an oversight board for an office of child representation
182	174		or office of parent representation created in accordance with this
183	175		subchapter.
184	176		(b) A commissioners court that establishes an oversight
185	177		board under this section shall appoint members of the board.
186	178		Members may include one or more of the following:
187	179		(1) an attorney with substantial experience in child
188	180		welfare law;
189	181		(2) the judge of a trial court having family law
190	182		jurisdiction in the county or counties for which the office was
191	183		created;
192	184		(3) a county commissioner; and
193	185		(4) a county judge.
194	186		(c) A commissioners court may delegate to the oversight
195	187		board any power or duty of the commissioners court to provide
196	188		oversight of an office of child representation or office of parent
197	189		representation under this subchapter, including:
198	190		(1) recommending selection and removal of a chief
199	191		counsel of the office;
200	192		(2) setting policy for the office; and
201	193		(3) developing a budget proposal for the office.
202	194		(d) An oversight board established under this section may
203	195		not access privileged or confidential information.
204	196		(e) A judge who serves on an oversight board under this
205	197		section has judicial immunity in a suit arising from the
206	198		performance of a power or duty described by Subsection (c).
207	199		SUBCHAPTER F. MANAGED ASSIGNED COUNSEL PROGRAM FOR THE
208	200		REPRESENTATION OF CERTAIN CHILDREN AND PARENTS
209	201		Sec. 107.101. DEFINITIONS. In this subchapter:
210	202		(1) "Governmental entity" includes a county, a group
211	203		of counties, a department of a county, an administrative judicial
212	204		region created by Section 74.042, Government Code, and any entity
213	205		created under the Interlocal Cooperation Act as permitted by
214	206		Chapter 791, Government Code.
215	207		(2) "Program" means a managed assigned counsel program
216	208		created under this subchapter.
217	209		Sec. 107.102. MANAGED ASSIGNED COUNSEL PROGRAM. (a) A
218	210		managed assigned counsel program may be operated with public money
219	211		for the purpose of appointing counsel to provide legal
220	212		representation and services for a child or parent in a suit filed by
221	213		a governmental entity seeking termination of the parent-child
222	214		relationship or the appointment of a conservator for the child in
223	215		which appointment is mandatory for a child under Section 107.012 or
224	216		for a parent under Section 107.013.
225	217		(b) The program may be operated by a governmental entity,
226	218		nonprofit corporation, or local bar association under a written
227	219		agreement with a governmental entity, other than an individual
228	220		judge or court.
229	221		Sec. 107.103. CREATION OF MANAGED ASSIGNED COUNSEL PROGRAM.
230	222		(a) The commissioners court of a county, on written approval of a
231	223		judge of a statutory county court or a district court having family
232	224		law jurisdiction in the county, may appoint a governmental entity,
233	225		nonprofit corporation, or local bar association to operate a
234	226		managed assigned counsel program for the legal representation of:
235	227		(1) a child in a suit in which appointment is mandatory
236	228		under Section 107.012; or
237	229		(2) a parent in a suit in which appointment is
238	230		mandatory under Section 107.013.
239	231		(b) The commissioners courts of two or more counties may
240	232		enter into a written agreement to jointly appoint and fund a
241	233		governmental entity, nonprofit corporation, or bar association to
242	234		operate a program that provides legal representation for children,
243	235		parents, or both children and parents.
244	236		(c) In appointing an entity to operate a program under this
245	237		subchapter, the commissioners court shall specify or the
246	238		commissioners courts shall jointly specify:
247	239		(1) the types of cases in which the program may appoint
248	240		counsel under this section, and the courts in which the counsel
249	241		appointed by the program may be required to appear; and
250	242		(2) the term of any agreement establishing a program
251	243		and how the agreement may be terminated or renewed.
252	244		Sec. 107.104. PLAN FOR PROGRAM REQUIRED. The commissioners
253	245		court or commissioners courts shall require a written plan of
254	246		operation from an entity operating a program under this subchapter.
255	247		The plan of operation must include:
256	248		(1) a budget for the program, including salaries;
257	249		(2) a description of each personnel position,
258	250		including the program's director;
259	251		(3) the maximum allowable caseload for each attorney
260	252		appointed under the program;
261	253		(4) provisions for training personnel of the program
262	254		and attorneys appointed under the program;
263	255		(5) a description of anticipated overhead costs for
264	256		the program;
265	257		(6) a policy regarding licensed investigators and
266	258		expert witnesses used by attorneys appointed under the program;
267	259		(7) a policy to ensure that appointments are
268	260		reasonably and impartially allocated among qualified attorneys;
269	261		and
270	262		(8) a policy to ensure that an attorney appointed
271	263		under the program does not accept appointment in a case that
272	264		involves a conflict of interest for the attorney.
273	265		Sec. 107.105. PROGRAM DIRECTOR; PERSONNEL. (a) Unless a
274	266		program uses a review committee appointed under Section 107.106, a
275	267		program under this subchapter must be directed by a person who:
276	268		(1) is a member of the State Bar of Texas;
277	269		(2) has practiced law for at least three years; and
278	270		(3) has substantial experience in the practice of
279	271		child welfare law.
280	272		(b) A program may employ personnel necessary to perform the
281	273		duties of the program and enter into contracts necessary to perform
282	274		the program's duties as specified by the commissioners court or
283	275		commissioners courts under this subchapter.
284	276		Sec. 107.106. REVIEW COMMITTEE. (a) The governmental
285	277		entity, nonprofit corporation, or local bar association operating a
286	278		program may appoint a review committee of three or more individuals
287	279		to approve attorneys for inclusion on the program's public
288	280		appointment list.
289	281		(b) Each member of the committee:
290	282		(1) must meet the requirements described by Section
291	283		107.105(a) for the program director;
292	284		(2) may not be employed as a prosecutor; and
293	285		(3) may not be included on or apply for inclusion on
294	286		the public appointment list.
295	287		Sec. 107.107. APPOINTMENT FROM PROGRAM'S PUBLIC APPOINTMENT
296	288		LIST. (a) The judge of a county served by a program shall make any
297	289		appointment required under Section 107.012 or 107.013 in a suit
298	290		filed in the county by a governmental entity seeking termination of
299	291		the parent-child relationship or the appointment of a conservator
300	292		for the child from the program's public appointment list, unless
301	293		there is a conflict of interest or other reason to appoint a
302	294		different attorney from the list maintained by the court of
303	295		attorneys qualified for appointment under Section 107.012 or
304	296		107.013.
305	297		(b) The program's public appointment list from which an
306	298		attorney is appointed under this section must contain the names of
307	299		qualified attorneys, each of whom:
308	300		(1) applies to be included on the list;
309	301		(2) meets any applicable requirements, including any
310	302		education and training programs required under Sections 107.004 and
311	303		107.0131; and
312	304		(3) is approved by the program director or review
313	305		committee, as applicable.
314	306		Sec. 107.108. FUNDING OF PROGRAM. (a) A program is entitled
315	307		to receive money for personnel costs and expenses incurred in
316	308		amounts set by the commissioners court and paid out of the
317	309		appropriate county fund or jointly fixed by the commissioners
318	310		courts and proportionately paid out of each appropriate county fund
319	311		if the program serves more than one county.
320	312		(b) An attorney appointed under the program is entitled to
321	313		reasonable fees as provided by Section 107.015.
322	314		SECTION 2. This Act takes effect September 1, 2015.
323		-	* * * * *
	315	+	______________________________ ______________________________
	316	+	President of the Senate Speaker of the House
	317	+	I certify that H.B. No. 3003 was passed by the House on April
	318	+	30, 2015, by the following vote: Yeas 139, Nays 0, 1 present, not
	319	+	voting; and that the House concurred in Senate amendments to H.B.
	320	+	No. 3003 on May 21, 2015, by the following vote: Yeas 142, Nays 2,
	321	+	1 present, not voting.
	322	+	______________________________
	323	+	Chief Clerk of the House
	324	+	I certify that H.B. No. 3003 was passed by the Senate, with
	325	+	amendments, on May 20, 2015, by the following vote: Yeas 31, Nays
	326	+	0.
	327	+	______________________________
	328	+	Secretary of the Senate
	329	+	APPROVED: __________________
	330	+	Date
	331	+	__________________
	332	+	Governor