Texas 2015 - 84th Regular

Texas Senate Bill SB1931 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Garcia, et al. S.B. No. 1931
2		-	(Thompson of Harris)
	1	+	S.B. No. 1931
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the appointment of an attorney ad litem for a parent in
8	6		certain suits affecting the parent-child relationship.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 107.013, Family Code, is amended by
11	9		adding Subsection (a-1) and amending Subsections (b) and (d) to
12	10		read as follows:
13	11		(a-1) In a suit described by Subsection (a), if a parent is
14	12		not represented by an attorney at the parent's first appearance in
15	13		court, the court shall inform the parent of:
16	14		(1) the right to be represented by an attorney; and
17	15		(2) if the parent is indigent and appears in
18	16		opposition to the suit, the right to an attorney ad litem appointed
19	17		by the court.
20	18		(b) If both parents of the child are entitled to the
21	19		appointment of an attorney ad litem under this section and the court
22	20		finds that the interests of the parents are not in conflict and that
23	21		there is no history or pattern of past or present family violence by
24	22		one parent directed against the other parent, a spouse, or a child
25	23		of the parties, the court may appoint an attorney ad litem to
26	24		represent the interests of both parents.
27	25		(d) The court shall require a [A] parent who claims
28	26		indigence under Subsection (a) to [must] file an affidavit of
29	27		indigence in accordance with Rule 145(b) of the Texas Rules of Civil
30	28		Procedure before the court may [can] conduct a hearing to determine
31	29		the parent's indigence under this section. The court may consider
32	30		additional evidence at that hearing, including evidence relating to
33	31		the parent's income, source of income, assets, property ownership,
34	32		benefits paid in accordance with a federal, state, or local public
35	33		assistance program, outstanding obligations, and necessary
36	34		expenses and the number and ages of the parent's dependents. If the
37	35		court determines the parent is indigent, the court shall appoint an
38	36		attorney ad litem to represent the parent.
39	37		SECTION 2. Part 1, Subchapter B, Chapter 107, Family Code,
40	38		is amended by adding Section 107.0141 to read as follows:
41	39		Sec. 107.0141. TEMPORARY APPOINTMENT OF ATTORNEY AD LITEM
42	40		FOR CERTAIN PARENTS. (a) The court may appoint an attorney ad
43	41		litem to represent the interests of a parent for a limited period
44	42		beginning at the time the court issues a temporary restraining
45	43		order or attachment of the parent's child under Chapter 262 and
46	44		ending on the court's determination of whether the parent is
47	45		indigent before commencement of the full adversary hearing.
48	46		(b) An attorney ad litem appointed for a parent under this
49	47		section:
50	48		(1) has the powers and duties of an attorney ad litem
51	49		appointed under Section 107.0131; and
52	50		(2) if applicable, shall:
53	51		(A) conduct an investigation regarding the
54	52		petitioner's due diligence in locating and serving citation on the
55	53		parent; and
56	54		(B) interview any party or other person who may
57	55		have information relating to the identity or location of the
58	56		parent.
59	57		(c) If the attorney ad litem identifies and locates the
60	58		parent, the attorney ad litem shall:
61	59		(1) inform the parent of the parent's right to be
62	60		represented by an attorney and of the parent's right to an attorney
63	61		ad litem appointed by the court, if the parent is indigent and
64	62		appears in opposition to the suit;
65	63		(2) if the parent claims indigence and requests an
66	64		attorney ad litem beyond the period of the temporary appointment
67	65		under this section, assist the parent in making a claim of indigence
68	66		for the appointment of an attorney ad litem; and
69	67		(3) assist the parent in preparing for the full
70	68		adversary hearing under Subchapter C, Chapter 262.
71	69		(d) If the court determines the parent is indigent, the
72	70		court may appoint the attorney ad litem to continue to represent the
73	71		parent under Section 107.013(a)(1).
74	72		(e) If the attorney ad litem is unable to identify or locate
75	73		the parent, the attorney ad litem shall submit to the court a
76	74		written summary of the attorney ad litem's efforts to identify or
77	75		locate the parent with a statement that the attorney ad litem was
78	76		unable to identify or locate the parent. On receipt of the summary
79	77		required by this subsection, the court shall discharge the attorney
80	78		ad litem from the appointment.
81	79		(f) If the attorney ad litem identifies or locates the
82	80		parent, and the court determines that the parent is not indigent,
83	81		the court shall discharge the attorney ad litem from the
84	82		appointment.
85	83		SECTION 3. Section 262.201(a-2), Family Code, is amended to
86	84		read as follows:
87	85		(a-2) If a parent claims indigence and requests the
88	86		appointment of an attorney before the full adversary hearing, the
89	87		court shall require the parent to complete and file with the court
90	88		an affidavit of indigence. The court may consider additional
91	89		[hear] evidence to determine whether the parent is indigent,
92	90		including evidence relating to the parent's income, source of
93	91		income, assets, property ownership, benefits paid in accordance
94	92		with a federal, state, or local public assistance program,
95	93		outstanding obligations, and necessary expenses and the number and
96	94		ages of the parent's dependents. If the appointment of an attorney
97	95		for the parent is requested, the court shall make a determination of
98	96		indigence before commencement of the full adversary hearing. If
99	97		the court determines the parent is indigent, the court shall
100	98		appoint an attorney to represent the parent.
101	99		SECTION 4. The changes in law made by this Act apply only to
102	100		a suit affecting the parent-child relationship filed on or after
103	101		the effective date of this Act. A suit affecting the parent-child
104	102		relationship filed before the effective date of this Act is
105	103		governed by the law in effect on the date the suit was filed, and the
106	104		former law is continued in effect for that purpose.
107	105		SECTION 5. This Act takes effect September 1, 2015.
	106	+	______________________________ ______________________________
	107	+	President of the Senate Speaker of the House
	108	+	I hereby certify that S.B. No. 1931 passed the Senate on
	109	+	April 30, 2015, by the following vote: Yeas 31, Nays 0.
	110	+	______________________________
	111	+	Secretary of the Senate
	112	+	I hereby certify that S.B. No. 1931 passed the House on
	113	+	May 12, 2015, by the following vote: Yeas 144, Nays 0, two
	114	+	present not voting.
	115	+	______________________________
	116	+	Chief Clerk of the House
	117	+	Approved:
	118	+	______________________________
	119	+	Date
	120	+	______________________________
	121	+	Governor