| 1 | 1 | | 2019S0290-1 02/26/19 |
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| 2 | 2 | | By: Kolkhorst S.B. No. 1633 |
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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 a program within the Office of Court Administration of |
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| 8 | 8 | | the Texas Judicial System to provide reimbursement for legal |
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| 9 | 9 | | representation in certain suits affecting the parent-child |
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| 10 | 10 | | relationship. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter C, Chapter 72, Government Code, is |
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| 13 | 13 | | amended by adding Section 72.033 to read as follows: |
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| 14 | 14 | | Sec. 72.033. REIMBURSEMENT PROGRAM FOR PROVIDING LEGAL |
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| 15 | 15 | | REPRESENTATION IN CHILD PROTECTION COURTS. (a) In this section, |
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| 16 | 16 | | "child protection court" means a court presided over by an |
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| 17 | 17 | | associate judge appointed under Subchapter C, Chapter 201, Family |
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| 18 | 18 | | Code, and to whom child protection cases are referred in accordance |
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| 19 | 19 | | with that subchapter. |
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| 20 | 20 | | (b) The director shall establish a program within the office |
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| 21 | 21 | | to reimburse counties for certain attorney's fees paid by the |
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| 22 | 22 | | counties for legal representation provided under Part 1, Subchapter |
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| 23 | 23 | | B, Chapter 107, Family Code, in suits affecting the parent-child |
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| 24 | 24 | | relationship heard in a child protection court. A county may be |
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| 25 | 25 | | reimbursed for attorney's fees if: |
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| 26 | 26 | | (1) the attorney who provided representation was on |
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| 27 | 27 | | the list maintained by the office under Subsection (c); and |
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| 28 | 28 | | (2) the attorney was paid in accordance with the fee |
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| 29 | 29 | | schedule set by the office for attorney's fees under Subsection |
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| 30 | 30 | | (c). |
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| 31 | 31 | | (c) The office shall: |
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| 32 | 32 | | (1) maintain a list of attorneys whose fees may be |
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| 33 | 33 | | eligible for state reimbursement to the county under this section; |
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| 34 | 34 | | (2) establish minimum standards and qualifications |
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| 35 | 35 | | for an attorney to be placed on the list; |
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| 36 | 36 | | (3) monitor and audit the legal representation |
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| 37 | 37 | | provided by the attorneys whose fees are reimbursed under this |
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| 38 | 38 | | section; and |
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| 39 | 39 | | (4) set a uniform fee schedule that a county must |
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| 40 | 40 | | follow to qualify for reimbursement under this section. |
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| 41 | 41 | | (d) The office may use available funding to expand the |
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| 42 | 42 | | reimbursement provided to counties other than those with a child |
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| 43 | 43 | | protection court for suits affecting the parent-child relationship |
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| 44 | 44 | | under Part 1, Subchapter B, Chapter 107, Family Code. |
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| 45 | 45 | | (e) Not later than December 31 of each even-numbered year, |
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| 46 | 46 | | the office shall report to the legislature: |
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| 47 | 47 | | (1) a list of the counties that received reimbursement |
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| 48 | 48 | | under this section and the amount received by each county; |
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| 49 | 49 | | (2) the number of cases, by county, where attorney's |
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| 50 | 50 | | fees were eligible for reimbursement under this section; |
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| 51 | 51 | | (3) the average amount per case reimbursed to each |
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| 52 | 52 | | county under this section; and |
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| 53 | 53 | | (4) a list of the counties with child protection |
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| 54 | 54 | | courts that did not receive reimbursement under this section. |
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| 55 | 55 | | SECTION 2. This Act takes effect September 1, 2019. |
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