Texas 2019 - 86th Regular

Texas Senate Bill SB41 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 41
	1	+	By: Zaffirini S.B. No. 41
	2	+	(Smithee)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to exemptions to reporting and list requirements for
6	8		certain attorneys ad litem, guardians ad litem, amicus attorneys,
7	9		mediators, and guardians.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 36.003, Government Code, is amended to
10	12		read as follows:
11	13		Sec. 36.003. EXEMPTION. The reporting requirements of
12	14		Section 36.004 do not apply to:
13	15		(1) a mediation conducted by an alternative dispute
14	16		resolution system established under Chapter 152, Civil Practice and
15	17		Remedies Code;
16	18		(2) information made confidential under state or
17	19		federal law, including applicable rules;
18	20		(3) a guardian ad litem or other person appointed
19	21		under a program authorized by Section 107.031, Family Code; [or]
20	22		(4) an attorney ad litem, guardian ad litem, amicus
21	23		attorney, or mediator appointed under a domestic relations office
22	24		established under Chapter 203, Family Code;
23	25		(5) an attorney ad litem, guardian ad litem, amicus
24	26		attorney, or mediator providing services without expectation or
25	27		receipt of compensation; or
26	28		(6) an attorney ad litem, guardian ad litem, amicus
27	29		attorney, or mediator providing services as a volunteer of a
28	30		nonprofit organization that provides pro bono legal services to the
29	31		indigent.
30	32		SECTION 2. Section 37.002, Government Code, is amended to
31	33		read as follows:
32	34		Sec. 37.002. EXEMPTION. The appointment requirements of
33	35		Section 37.004 do not apply to:
34	36		(1) a mediation conducted by an alternative dispute
35	37		resolution system established under Chapter 152, Civil Practice and
36	38		Remedies Code;
37	39		(2) a guardian ad litem or other person appointed
38	40		under a program authorized by Section 107.031, Family Code;
39	41		(3) an attorney ad litem, guardian ad litem, amicus
40	42		attorney, or mediator appointed under a domestic relations office
41	43		established under Chapter 203, Family Code; [or]
42	44		(4) a person other than an attorney or a private
43	45		professional guardian appointed to serve as a guardian as defined
44	46		by Section 1002.012, Estates Code;
45	47		(5) an attorney ad litem, guardian ad litem, amicus
46	48		attorney, or mediator providing services without expectation or
47	49		receipt of compensation; or
48	50		(6) an attorney ad litem, guardian ad litem, amicus
49	51		attorney, or mediator providing services as a volunteer of a
50	52		nonprofit organization that provides pro bono legal services to the
51	53		indigent.
52	54		SECTION 3. Section 37.004, Government Code, is amended by
53	55		amending Subsection (a) and adding Subsections (d-1) and (g) to
54	56		read as follows:
55	57		(a) Except as provided by Subsections (c), [and] (d), and
56	58		(d-1), in each case in which the appointment of an attorney ad
57	59		litem, guardian ad litem, or guardian is necessary, a court using a
58	60		rotation system shall appoint the person whose name appears first
59	61		on the applicable list maintained by the court as required by
60	62		Section 37.003.
61	63		(d-1) The court may appoint a person included on the
62	64		applicable list whose name does not appear first on the list or a
63	65		person who meets statutory or other requirements to serve and who is
64	66		not included on the list if, within 30 days preceding the date of
65	67		appointment, an initial declaration of a state of disaster is made
66	68		for the area served by the court.
67	69		(g) In this section, "declaration of a state of disaster"
68	70		means a declaration made by:
69	71		(1) the president of the United States under the
70	72		Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
71	73		U.S.C. Section 5121 et seq.);
72	74		(2) the governor under Section 418.014; or
73	75		(3) the presiding officer of the governing body of a
74	76		political subdivision under Section 418.108.
75	77		SECTION 4. This Act takes effect September 1, 2019.
76		-	______________________________ ______________________________
77		-	President of the Senate Speaker of the House
78		-	I hereby certify that S.B. No. 41 passed the Senate on
79		-	March 19, 2019, by the following vote: Yeas 31, Nays 0.
80		-	______________________________
81		-	Secretary of the Senate
82		-	I hereby certify that S.B. No. 41 passed the House on
83		-	May 22, 2019, by the following vote: Yeas 142, Nays 0,
84		-	three present not voting.
85		-	______________________________
86		-	Chief Clerk of the House
87		-	Approved:
88		-	______________________________
89		-	Date
90		-	______________________________
91		-	Governor