Texas 2015 - 84th Regular

Texas Senate Bill SB1930 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R4775 JSC-F
2	2	By: Garcia S.B. No. 1930
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the appointment of counsel in certain suits affecting
8	8	the parent-child relationship.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 107, Family Code, is amended by adding
11	11	Subchapters E and F to read as follows:
12	12	SUBCHAPTER E. OFFICE OF FAMILY REPRESENTATION
13	13	Sec. 107.061. DEFINITIONS. In this subchapter:
14	14	(1) "Governmental entity" includes a county, a group
15	15	of counties, a department of a county, an administrative judicial
16	16	region created by Section 74.042, Government Code, and any entity
17	17	created under the Interlocal Cooperation Act as permitted by
18	18	Chapter 791, Government Code.
19	19	(2) "Office" means an office of family representation
20	20	created under this subchapter.
21	21	Sec. 107.062. APPLICABILITY. This subchapter applies to a
22	22	suit filed by a governmental entity seeking termination of the
23	23	parent-child relationship or the appointment of a conservator for a
24	24	child in which appointment of an attorney is required under Section
25	25	107.012 or 107.013.
26	26	Sec. 107.063. NONPROFIT FUNDING. This subchapter does not
27	27	limit or prevent a nonprofit corporation from receiving and using
28	28	money obtained from other entities to provide legal representation
29	29	and services as authorized by this subchapter.
30	30	Sec. 107.064. OFFICE OF FAMILY REPRESENTATION. (a) An
31	31	office of family representation is an entity that uses public money
32	32	to provide legal representation and services for a child or parent
33	33	in a suit filed by a governmental entity seeking termination of the
34	34	parent-child relationship or the appointment of a conservator for
35	35	the child in which appointment is mandatory for a child under
36	36	Section 107.012 or for a parent under Section 107.013.
37	37	(b) An office may be a governmental entity or a nonprofit
38	38	corporation operating under a written agreement with a governmental
39	39	entity, other than an individual judge or court.
40	40	Sec. 107.065. CREATION OF OFFICE OF FAMILY REPRESENTATION.
41	41	(a) The commissioners court of any county, on written approval of a
42	42	judge of a statutory county court or a district court having family
43	43	law jurisdiction in the county, may create an office of family
44	44	representation by establishing a department of the county or
45	45	designating under a contract a nonprofit corporation to perform the
46	46	duties of an office.
47	47	(b) The commissioners courts of two or more counties may
48	48	enter into a written agreement to jointly create and jointly fund a
49	49	regional office.
50	50	(c) In creating an office under this section, the
51	51	commissioners court shall specify or the commissioners courts shall
52	52	jointly specify, as applicable:
53	53	(1) the duties of the office;
54	54	(2) the types of cases to which the office may be
55	55	appointed under this chapter and the courts in which an attorney
56	56	employed by the office may be required to appear;
57	57	(3) if the office is a nonprofit corporation, the term
58	58	during which the contract designating the office is effective and
59	59	how that contract may be renewed on expiration of the term; and
60	60	(4) if an oversight board is established under Section
61	61	107.071 for the office, the powers and duties that have been
62	62	delegated to the oversight board.
63	63	Sec. 107.066. NONPROFIT AS OFFICE. (a) Before contracting
64	64	with a nonprofit corporation to serve as an office, the
65	65	commissioners court or commissioners courts, as applicable, must
66	66	solicit proposals for the office.
67	67	(b) After considering each proposal for an office submitted
68	68	by a nonprofit corporation, the commissioners court or
69	69	commissioners courts, as applicable, shall select a proposal that
70	70	reasonably demonstrates that the office will provide adequate
71	71	quality representation for children and parents for whom appointed
72	72	counsel is required under Section 107.012 or 107.013.
73	73	(c) The total cost of the proposal may not be the sole
74	74	consideration in selecting a proposal.
75	75	Sec. 107.067. PLAN OF OPERATION FOR OFFICE. The applicable
76	76	commissioners court or commissioners courts shall require a written
77	77	plan of operation from an entity serving as an office. The plan must
78	78	include:
79	79	(1) a budget for the office, including salaries;
80	80	(2) a description of each personnel position,
81	81	including the chief counsel position;
82	82	(3) the maximum allowable caseloads for each attorney
83	83	employed by the office;
84	84	(4) provisions for training personnel and attorneys
85	85	employed by the office;
86	86	(5) a description of anticipated overhead costs for
87	87	the office;
88	88	(6) policies regarding the use of licensed
89	89	investigators and expert witnesses by the office; and
90	90	(7) a policy to ensure that the chief of the office and
91	91	other attorneys employed by the office do not provide
92	92	representation to a child, a parent, or an alleged father if doing
93	93	so would create a conflict of interest that has not been waived by
94	94	the client.
95	95	Sec. 107.068. OFFICE PERSONNEL. (a) An office must be
96	96	directed by a chief counsel who:
97	97	(1) is a member of the State Bar of Texas;
98	98	(2) has practiced law for at least three years; and
99	99	(3) has substantial experience in the practice of
100	100	child welfare law.
101	101	(b) An office may employ attorneys, licensed investigators,
102	102	licensed social workers, and other personnel necessary to perform
103	103	the duties of the office as specified by the commissioners court or
104	104	commissioners courts.
105	105	(c) An attorney for the office must comply with any
106	106	applicable continuing education and training requirements of
107	107	Sections 107.004 and 107.0131 before accepting representation.
108	108	(d) Except as authorized by this chapter, the chief counsel
109	109	and other attorneys employed by an office may not:
110	110	(1) engage in the private practice of child welfare
111	111	law; or
112	112	(2) accept anything of value not authorized by this
113	113	chapter for services rendered under this chapter.
114	114	(e) A judge may remove from a case a person who violates
115	115	Subsection (d).
116	116	Sec. 107.069. APPOINTMENTS IN COUNTY IN WHICH OFFICE
117	117	CREATED. (a) If there is an office serving a county, a court in that
118	118	county shall appoint an attorney from the office in a suit filed in
119	119	the county by a governmental entity seeking termination of the
120	120	parent-child relationship or the appointment of a conservator for
121	121	the child, unless there is a conflict of interest or other reason to
122	122	appoint a different attorney from the list maintained by the court
123	123	of attorneys qualified for appointment under Section 107.012 or
124	124	107.013.
125	125	(b) An office may not accept an appointment if:
126	126	(1) a conflict of interest exists;
127	127	(2) the office has insufficient resources to provide
128	128	adequate representation;
129	129	(3) the office is incapable of providing
130	130	representation in accordance with the rules of professional
131	131	conduct; or
132	132	(4) the office shows other good cause for not
133	133	accepting the appointment.
134	134	(c) An office may investigate the financial condition of any
135	135	person the office is appointed to represent under Section 107.013.
136	136	The office shall report the results of the investigation to the
137	137	appointing judge. The judge may hold a hearing to determine if the
138	138	person is indigent and entitled to appointment of representation
139	139	under Section 107.013.
140	140	(d) If it is necessary to appoint an attorney who is not
141	141	employed by an office for one or more parties, the attorney is
142	142	entitled to the compensation provided by Section 107.015.
143	143	Sec. 107.070. FUNDING OF OFFICE. (a) An office is entitled
144	144	to receive money for personnel costs and expenses incurred in
145	145	operating as an office in amounts set by the commissioners court and
146	146	paid out of the appropriate county fund, or jointly fixed by the
147	147	commissioners courts and proportionately paid out of each
148	148	appropriate county fund if the office serves more than one county.
149	149	(b) Any fees ordered by the court under Section 107.015 to
150	150	be paid by a party shall be paid to the office and used for attorney
151	151	salaries and other administrative costs.
152	152	Sec. 107.071. OVERSIGHT BOARD. (a) The commissioners court
153	153	of a county or the commissioners courts of two or more counties may
154	154	establish an oversight board for an office created in accordance
155	155	with this subchapter.
156	156	(b) A commissioners court that establishes an oversight
157	157	board under this section shall appoint members of the board.
158	158	Members may include one or more of the following:
159	159	(1) an attorney with substantial experience in child
160	160	welfare law;
161	161	(2) the judge of a trial court having family law
162	162	jurisdiction in the county or counties for which the office was
163	163	created;
164	164	(3) a county commissioner; and
165	165	(4) a county judge.
166	166	(c) A commissioners court may delegate to the oversight
167	167	board any power or duty of the commissioners court to provide
168	168	oversight of the office under this subchapter, including:
169	169	(1) recommending selection and removal of a chief
170	170	counsel of the office;
171	171	(2) setting policy for the office; and
172	172	(3) developing a budget proposal for the office.
173	173	(d) An oversight board established under this section may
174	174	not access privileged or confidential information.
175	175	SUBCHAPTER F. MANAGED ASSIGNED COUNSEL PROGRAM
176	176	Sec. 107.101. DEFINITIONS. In this subchapter:
177	177	(1) "Governmental entity" includes a county, a group
178	178	of counties, a department of a county, an administrative judicial
179	179	region created by Section 74.042, Government Code, and any entity
180	180	created under the Interlocal Cooperation Act as permitted by
181	181	Chapter 791, Government Code.
182	182	(2) "Program" means a managed assigned counsel program
183	183	created under this subchapter.
184	184	Sec. 107.102. MANAGED ASSIGNED COUNSEL PROGRAM. (a) A
185	185	managed assigned counsel program may be operated with public money
186	186	for the purpose of appointing counsel to provide legal
187	187	representation and services for a child or parent in a suit filed by
188	188	a governmental entity seeking termination of the parent-child
189	189	relationship or the appointment of a conservator for the child in
190	190	which appointment is mandatory for a child under Section 107.012 or
191	191	for a parent under Section 107.013.
192	192	(b) The program may be operated by a governmental entity,
193	193	nonprofit corporation, or local bar association under a written
194	194	agreement with a governmental entity, other than an individual
195	195	judge or court.
196	196	Sec. 107.103. CREATION OF MANAGED ASSIGNED COUNSEL PROGRAM.
197	197	(a) The commissioners court of a county, on written approval of a
198	198	judge of a statutory county court or a district court having family
199	199	law jurisdiction in the county, may appoint a governmental entity,
200	200	nonprofit corporation, or local bar association to operate a
201	201	managed assigned counsel program.
202	202	(b) The commissioners courts of two or more counties may
203	203	enter into a written agreement to jointly appoint and fund a
204	204	governmental entity, nonprofit corporation, or bar association to
205	205	operate a program.
206	206	(c) In appointing an entity to operate a program under this
207	207	section, the commissioners court shall specify or the commissioners
208	208	courts shall jointly specify:
209	209	(1) the types of cases in which the program may appoint
210	210	counsel under this section, and the courts in which the counsel
211	211	appointed by the program may be required to appear; and
212	212	(2) the term of any agreement establishing a program
213	213	and how the agreement may be terminated or renewed.
214	214	Sec. 107.104. PLAN FOR PROGRAM REQUIRED. The commissioners
215	215	court or commissioners courts shall require a written plan of
216	216	operation from an entity operating a program under this section.
217	217	The plan of operation must include:
218	218	(1) a budget for the program, including salaries;
219	219	(2) a description of each personnel position,
220	220	including the program's director;
221	221	(3) the maximum allowable caseload for each attorney
222	222	appointed under the program;
223	223	(4) provisions for training personnel of the program
224	224	and attorneys appointed under the program;
225	225	(5) a description of anticipated overhead costs for
226	226	the program;
227	227	(6) a policy regarding licensed investigators and
228	228	expert witnesses used by attorneys appointed under the program;
229	229	(7) a policy to ensure that appointments are
230	230	reasonably and impartially allocated among qualified attorneys;
231	231	and
232	232	(8) a policy to ensure that an attorney appointed
233	233	under the program does not accept appointment in a case that
234	234	involves a conflict of interest for the attorney.
235	235	Sec. 107.105. PROGRAM DIRECTOR; PERSONNEL. (a) Unless a
236	236	program uses a review committee appointed under Section 107.106, a
237	237	program under this section must be directed by a person who:
238	238	(1) is a member of the State Bar of Texas;
239	239	(2) has practiced law for at least three years; and
240	240	(3) has substantial experience in the practice of
241	241	child welfare law.
242	242	(b) A program may employ personnel necessary to perform the
243	243	duties of the program and enter into contracts necessary to perform
244	244	the program's duties as specified by the commissioners court or
245	245	commissioners courts under this section.
246	246	Sec. 107.106. REVIEW COMMITTEE. (a) The governmental
247	247	entity, nonprofit corporation, or local bar association operating a
248	248	program may appoint a review committee of three or more individuals
249	249	to approve attorneys for inclusion on the program's public
250	250	appointment list.
251	251	(b) Each member of the committee:
252	252	(1) must meet the requirements described by Section
253	253	107.105(a) for the program director;
254	254	(2) may not be employed as a prosecutor; and
255	255	(3) may not be included on or apply for inclusion on
256	256	the public appointment list.
257	257	Sec. 107.107. APPOINTMENT FROM PROGRAM'S PUBLIC APPOINTMENT
258	258	LIST. (a) The judge of a county served by a program shall make any
259	259	appointment required under Section 107.012 or 107.013 in a suit
260	260	filed in the county by a governmental entity seeking termination of
261	261	the parent-child relationship or the appointment of a conservator
262	262	for the child from the program's public appointment list.
263	263	(b) The program's public appointment list from which an
264	264	attorney is appointed under this section must contain the names of
265	265	qualified attorneys, each of whom:
266	266	(1) applies to be included on the list;
267	267	(2) meets any applicable requirements, including any
268	268	education and training programs required under Sections 107.004 and
269	269	107.0131; and
270	270	(3) is approved by the program director or review
271	271	committee, as applicable.
272	272	Sec. 107.108. FUNDING OF PROGRAM. (a) A program is entitled
273	273	to receive money for personnel costs and expenses incurred in
274	274	amounts set by the commissioners court and paid out of the
275	275	appropriate county fund or jointly fixed by the commissioners
276	276	courts and proportionately paid out of each appropriate county fund
277	277	if the program serves more than one county.
278	278	(b) An attorney appointed under the program is entitled to
279	279	reasonable fees as provided by Section 107.015.
280	280	SECTION 2. This Act takes effect September 1, 2015.