Texas 2019 - 86th Regular

Texas House Bill HB743 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R1587 MM-D
2	2	By: Davis of Dallas H.B. No. 743
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the appointment and duties of an attorney ad litem for
8	8	certain relatives in certain suits affecting the parent-child
9	9	relationship.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Section 107.013, Family Code, is
12	12	amended to read as follows:
13	13	Sec. 107.013. MANDATORY APPOINTMENT OF ATTORNEY AD LITEM
14	14	FOR PARENT OR RELATIVE.
15	15	SECTION 2. Section 107.013(a), Family Code, is amended to
16	16	read as follows:
17	17	(a) In a suit filed by a governmental entity under Subtitle
18	18	E in which termination of the parent-child relationship or the
19	19	appointment of a conservator for a child is requested, the court
20	20	shall appoint an attorney ad litem to represent the interests of:
21	21	(1) an indigent parent of the child who responds in
22	22	opposition to the termination or appointment;
23	23	(2) a parent served by citation by publication;
24	24	(3) an alleged father who failed to register with the
25	25	registry under Chapter 160 and whose identity or location is
26	26	unknown; [and]
27	27	(4) an alleged father who registered with the
28	28	paternity registry under Chapter 160, but the petitioner's attempt
29	29	to personally serve citation at the address provided to the
30	30	registry and at any other address for the alleged father known by
31	31	the petitioner has been unsuccessful; and
32	32	(5) a person related to the child within the third
33	33	degree of consanguinity as determined under Chapter 573, Government
34	34	Code, who:
35	35	(A) files a motion requesting appointment as the
36	36	child's managing conservator; and
37	37	(B) requests the appointment of an attorney ad
38	38	litem.
39	39	SECTION 3. The heading to Section 107.0131, Family Code, is
40	40	amended to read as follows:
41	41	Sec. 107.0131. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR
42	42	PARENT OR RELATIVE.
43	43	SECTION 4. Section 107.0131, Family Code, is amended by
44	44	adding Subsection (a-1) to read as follows:
45	45	(a-1) An attorney ad litem appointed under Section 107.013
46	46	to represent the interests of a relative requesting appointment as
47	47	the child's managing conservator:
48	48	(1) shall:
49	49	(A) subject to Rules 4.02, 4.03, and 4.04, Texas
50	50	Disciplinary Rules of Professional Conduct, and within a reasonable
51	51	time after the appointment, interview:
52	52	(i) the relative;
53	53	(ii) each person who has significant
54	54	knowledge of the case; and
55	55	(iii) the parties to the suit;
56	56	(B) investigate the facts of the case;
57	57	(C) to ensure competent representation at
58	58	hearings, mediations, pretrial matters, and the trial on the
59	59	merits:
60	60	(i) obtain and review copies of all court
61	61	files in the suit during the attorney ad litem's course of
62	62	representation; and
63	63	(ii) when necessary, conduct formal
64	64	discovery under the Texas Rules of Civil Procedure or the discovery
65	65	control plan;
66	66	(D) take any action consistent with the
67	67	relative's interests that the attorney ad litem considers necessary
68	68	to expedite the proceedings;
69	69	(E) encourage settlement and the use of
70	70	alternative forms of dispute resolution;
71	71	(F) review and sign, or decline to sign, a
72	72	proposed or agreed order affecting the relative; and
73	73	(G) abide by the relative's objectives for
74	74	representation; and
75	75	(2) is entitled to:
76	76	(A) request clarification from the court if the
77	77	role of the attorney ad litem is ambiguous;
78	78	(B) request a hearing or trial on the merits;
79	79	(C) consent or refuse to consent to an interview
80	80	of the relative by another attorney;
81	81	(D) receive a copy of each pleading or other
82	82	paper filed with the court;
83	83	(E) receive notice of each hearing in the suit;
84	84	(F) participate in any case staffing conducted by
85	85	the Department of Family and Protective Services in which the
86	86	relative is invited to participate, including, as appropriate, a
87	87	case staffing to develop a family plan of service, a family group
88	88	conference, a permanency conference, a mediation, a case staffing
89	89	to plan for the discharge and return of the child to the parent, and
90	90	any other case staffing that the department determines would be
91	91	appropriate for the relative to attend, but excluding any internal
92	92	department staffing or staffing between the department and the
93	93	department's legal representative; and
94	94	(G) attend all legal proceedings in the suit.
95	95	SECTION 5. Section 107.302(a), Family Code, is amended to
96	96	read as follows:
97	97	(a) A managed assigned counsel program may be operated with
98	98	public money for the purpose of appointing counsel to provide legal
99	99	representation and services for a child, [or] parent, or relative
100	100	in a suit filed by a governmental entity seeking termination of the
101	101	parent-child relationship or the appointment of a conservator for
102	102	the child in which appointment is mandatory for a child under
103	103	Section 107.012 or for a parent or relative under Section 107.013.
104	104	SECTION 6. Sections 107.303(a) and (b), Family Code, are
105	105	amended to read as follows:
106	106	(a) The commissioners court of a county, on written approval
107	107	of a judge of a statutory county court or a district court having
108	108	family law jurisdiction in the county, may appoint a governmental
109	109	entity, nonprofit corporation, or local bar association to operate
110	110	a managed assigned counsel program for the legal representation of:
111	111	(1) a child in a suit in which appointment is mandatory
112	112	under Section 107.012; or
113	113	(2) a parent or relative in a suit in which appointment
114	114	is mandatory under Section 107.013.
115	115	(b) The commissioners courts of two or more counties may
116	116	enter into a written agreement to jointly appoint and fund a
117	117	governmental entity, nonprofit corporation, or bar association to
118	118	operate a program that provides legal representation for:
119	119	(1) children;[,]
120	120	(2) parents;[,]
121	121	(3) relatives; or
122	122	(4) [both] children, [and] parents, and relatives.
123	123	SECTION 7. The changes in law made by this Act apply only to
124	124	a suit affecting the parent-child relationship filed on or after
125	125	the effective date of this Act. A suit affecting the parent-child
126	126	relationship filed before that date is governed by the law in effect
127	127	on the date the suit was filed, and that law is continued in effect
128	128	for that purpose.
129	129	SECTION 8. This Act takes effect September 1, 2019.