85R903 YDB-D
By: Keough H.B. No. 125
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of guardians ad litem and guardians.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.004, Government Code, is amended by
amending Subsections (a), (c), and (d) and adding Subsection (a-1)
to read as follows:
(a) Except as provided by Subsections (c) and (d), in each
case in which the appointment of an attorney ad litem[, guardian ad
litem, or guardian] is necessary, a court using a rotation system
shall appoint the person whose name appears first on the applicable
list maintained by the court as required by Section 37.003.
(a-1) Except as provided by Subsections (c) and (d), in each
case in which the appointment of a guardian ad litem or guardian is
necessary, a court using a rotation system shall appoint the person
from among the next five names on the applicable list maintained by
the court as required by Section 37.003 in the order in which the
persons' names appear on the list.
(c) The court may appoint a person included on the
applicable list whose name does not appear first on the list or
whose name does not appear among the next five names on the list, as
applicable, or a person who meets statutory or other requirements
to serve and who is not included on the list, if the appointment of
that person as attorney ad litem, guardian ad litem, or guardian is
agreed on by the parties and approved by the court.
(d) On finding good cause, the court may appoint a person
included on the applicable list whose name does not appear first on
the list or whose name does not appear among the next five names on
the list, as applicable, or a person who meets statutory or other
requirements to serve on the case and who is not included on the
list, if the appointment of that person as attorney ad litem,
guardian ad litem, mediator, or guardian is required on a complex
matter because the person:
(1) possesses relevant specialized education,
training, certification, skill, language proficiency, or knowledge
of the subject matter of the case;
(2) has relevant prior involvement with the parties or
case; or
(3) is in a relevant geographic location.
SECTION 2. Section 37.004, Government Code, as amended by
this Act, applies only to the appointment of a guardian ad litem or
guardian made on or after the effective date of this Act. An
appointment made before the effective date of this Act is governed
by the law in effect on the date the appointment was made, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.