| 1 | 1 | | 85R903 YDB-D |
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| 2 | 2 | | By: Keough H.B. No. 125 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the appointment of guardians ad litem and guardians. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 37.004, Government Code, is amended by |
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| 10 | 10 | | amending Subsections (a), (c), and (d) and adding Subsection (a-1) |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (a) Except as provided by Subsections (c) and (d), in each |
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| 13 | 13 | | case in which the appointment of an attorney ad litem[, guardian ad |
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| 14 | 14 | | litem, or guardian] is necessary, a court using a rotation system |
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| 15 | 15 | | shall appoint the person whose name appears first on the applicable |
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| 16 | 16 | | list maintained by the court as required by Section 37.003. |
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| 17 | 17 | | (a-1) Except as provided by Subsections (c) and (d), in each |
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| 18 | 18 | | case in which the appointment of a guardian ad litem or guardian is |
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| 19 | 19 | | necessary, a court using a rotation system shall appoint the person |
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| 20 | 20 | | from among the next five names on the applicable list maintained by |
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| 21 | 21 | | the court as required by Section 37.003 in the order in which the |
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| 22 | 22 | | persons' names appear on the list. |
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| 23 | 23 | | (c) The court may appoint a person included on the |
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| 24 | 24 | | applicable list whose name does not appear first on the list or |
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| 25 | 25 | | whose name does not appear among the next five names on the list, as |
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| 26 | 26 | | applicable, or a person who meets statutory or other requirements |
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| 27 | 27 | | to serve and who is not included on the list, if the appointment of |
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| 28 | 28 | | that person as attorney ad litem, guardian ad litem, or guardian is |
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| 29 | 29 | | agreed on by the parties and approved by the court. |
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| 30 | 30 | | (d) On finding good cause, the court may appoint a person |
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| 31 | 31 | | included on the applicable list whose name does not appear first on |
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| 32 | 32 | | the list or whose name does not appear among the next five names on |
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| 33 | 33 | | the list, as applicable, or a person who meets statutory or other |
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| 34 | 34 | | requirements to serve on the case and who is not included on the |
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| 35 | 35 | | list, if the appointment of that person as attorney ad litem, |
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| 36 | 36 | | guardian ad litem, mediator, or guardian is required on a complex |
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| 37 | 37 | | matter because the person: |
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| 38 | 38 | | (1) possesses relevant specialized education, |
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| 39 | 39 | | training, certification, skill, language proficiency, or knowledge |
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| 40 | 40 | | of the subject matter of the case; |
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| 41 | 41 | | (2) has relevant prior involvement with the parties or |
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| 42 | 42 | | case; or |
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| 43 | 43 | | (3) is in a relevant geographic location. |
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| 44 | 44 | | SECTION 2. Section 37.004, Government Code, as amended by |
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| 45 | 45 | | this Act, applies only to the appointment of a guardian ad litem or |
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| 46 | 46 | | guardian made on or after the effective date of this Act. An |
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| 47 | 47 | | appointment made before the effective date of this Act is governed |
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| 48 | 48 | | by the law in effect on the date the appointment was made, and the |
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| 49 | 49 | | former law is continued in effect for that purpose. |
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| 50 | 50 | | SECTION 3. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2017. |
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