Texas 2019 - 86th Regular

Texas House Bill HB1285 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R20002~~ TSS-F
	1	+	86R3111 TSS-F
2	2		By: Smithee H.B. No. 1285
3		-	Substitute the following for H.B. No. 1285:
4		-	By: White C.S.H.B. No. 1285
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to exemptions to reporting and list requirements for
10		-	certain attorneys ad litem, guardians ad litem, ~~amicus attorneys,~~
11		-	~~mediators, and~~ guardians.
	8	+	certain attorneys ad litem, guardians ad litem, mediators, and
	9	+	guardians.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Section 36.003, Government Code, is amended to
14	12		read as follows:
15	13		Sec. 36.003. EXEMPTION. The reporting requirements of
16	14		Section 36.004 do not apply to:
17	15		(1) a mediation conducted by an alternative dispute
18	16		resolution system established under Chapter 152, Civil Practice and
19	17		Remedies Code;
20	18		(2) information made confidential under state or
21	19		federal law, including applicable rules;
22	20		(3) a guardian ad litem or other person appointed
23	21		under a program authorized by Section 107.031, Family Code; [or]
24	22		(4) an attorney ad litem, guardian ad litem, amicus
25	23		attorney, or mediator appointed under a domestic relations office
26	24		established under Chapter 203, Family Code;
27	25		(5) an attorney ad litem, guardian ad litem, amicus
28	26		attorney, or mediator providing services without expectation or
29	27		receipt of compensation; or
30	28		(6) an attorney ad litem, guardian ad litem, amicus
31	29		attorney, or mediator providing services as a volunteer of a
32	30		nonprofit organization that provides pro bono legal services to the
33	31		indigent.
34	32		SECTION 2. Section 37.002, Government Code, is amended to
35	33		read as follows:
36	34		Sec. 37.002. EXEMPTION. The appointment requirements of
37	35		Section 37.004 do not apply to:
38	36		(1) a mediation conducted by an alternative dispute
39	37		resolution system established under Chapter 152, Civil Practice and
40	38		Remedies Code;
41	39		(2) a guardian ad litem or other person appointed
42	40		under a program authorized by Section 107.031, Family Code;
43	41		(3) an attorney ad litem, guardian ad litem, amicus
44	42		attorney, or mediator appointed under a domestic relations office
45	43		established under Chapter 203, Family Code; [or]
46	44		(4) a person other than an attorney or a private
47	45		professional guardian appointed to serve as a guardian as defined
48	46		by Section 1002.012, Estates Code;
49	47		(5) an attorney ad litem, guardian ad litem, amicus
50	48		attorney, or mediator providing services without expectation or
51	49		receipt of compensation; or
52	50		(6) an attorney ad litem, guardian ad litem, amicus
53	51		attorney, or mediator providing services as a volunteer of a
54	52		nonprofit organization that provides pro bono legal services to the
55	53		indigent.
56		-	SECTION 3. Section 37.004, Government Code, is amended by
57		-	amending Subsection (a) and adding Subsections (d-1) and (g) to
58		-	read as follows:
59		-	(a) Except as provided by Subsections (c), [and] (d), and
60		-	(d-1) in each case in which the appointment of an attorney ad litem,
61		-	guardian ad litem, or guardian is necessary, a court using a
62		-	rotation system shall appoint the person whose name appears first
63		-	on the applicable list maintained by the court as required by
64		-	Section 37.003.
65		-	(d-1) The court may appoint a person included on the
66		-	applicable list whose name does not appear first on the list or a
67		-	person who meets statutory or other requirements to serve and who is
68		-	not included on the list if, within 30 days preceding the date of
69		-	appointment, an initial declaration of a state of disaster is made
70		-	for the area served by the court.
71		-	(g) In this section, "declaration of a state of disaster"
72		-	means a declaration made by:
73		-	(1) the president of the United States under the
74		-	Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
75		-	U.S.C. Section 5121 et seq.);
76		-	(2) the governor under Section 418.014; or
77		-	(3) the presiding officer of the governing body of a
78		-	political subdivision under Section 418.108.
79		-	SECTION 4. This Act takes effect September 1, 2019.
	54	+	SECTION 3. This Act takes effect September 1, 2019.