86R20002 TSS-F
By: Smithee H.B. No. 1285
Substitute the following for H.B. No. 1285:
By: White C.S.H.B. No. 1285
A BILL TO BE ENTITLED
AN ACT
relating to exemptions to reporting and list requirements for
certain attorneys ad litem, guardians ad litem, amicus attorneys,
mediators, and guardians.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.003, Government Code, is amended to
read as follows:
Sec. 36.003. EXEMPTION. The reporting requirements of
Section 36.004 do not apply to:
(1) a mediation conducted by an alternative dispute
resolution system established under Chapter 152, Civil Practice and
Remedies Code;
(2) information made confidential under state or
federal law, including applicable rules;
(3) a guardian ad litem or other person appointed
under a program authorized by Section 107.031, Family Code; [or]
(4) an attorney ad litem, guardian ad litem, amicus
attorney, or mediator appointed under a domestic relations office
established under Chapter 203, Family Code;
(5) an attorney ad litem, guardian ad litem, amicus
attorney, or mediator providing services without expectation or
receipt of compensation; or
(6) an attorney ad litem, guardian ad litem, amicus
attorney, or mediator providing services as a volunteer of a
nonprofit organization that provides pro bono legal services to the
indigent.
SECTION 2. Section 37.002, Government Code, is amended to
read as follows:
Sec. 37.002. EXEMPTION. The appointment requirements of
Section 37.004 do not apply to:
(1) a mediation conducted by an alternative dispute
resolution system established under Chapter 152, Civil Practice and
Remedies Code;
(2) a guardian ad litem or other person appointed
under a program authorized by Section 107.031, Family Code;
(3) an attorney ad litem, guardian ad litem, amicus
attorney, or mediator appointed under a domestic relations office
established under Chapter 203, Family Code; [or]
(4) a person other than an attorney or a private
professional guardian appointed to serve as a guardian as defined
by Section 1002.012, Estates Code;
(5) an attorney ad litem, guardian ad litem, amicus
attorney, or mediator providing services without expectation or
receipt of compensation; or
(6) an attorney ad litem, guardian ad litem, amicus
attorney, or mediator providing services as a volunteer of a
nonprofit organization that provides pro bono legal services to the
indigent.
SECTION 3. Section 37.004, Government Code, is amended by
amending Subsection (a) and adding Subsections (d-1) and (g) to
read as follows:
(a) Except as provided by Subsections (c), [and] (d), and
(d-1) 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.
(d-1) The court may appoint a person included on the
applicable list whose name does not appear first on the list or a
person who meets statutory or other requirements to serve and who is
not included on the list if, within 30 days preceding the date of
appointment, an initial declaration of a state of disaster is made
for the area served by the court.
(g) In this section, "declaration of a state of disaster"
means a declaration made by:
(1) the president of the United States under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. Section 5121 et seq.);
(2) the governor under Section 418.014; or
(3) the presiding officer of the governing body of a
political subdivision under Section 418.108.
SECTION 4. This Act takes effect September 1, 2019.