86R4554 YDB-F
By: Kolkhorst S.B. No. 560
A BILL TO BE ENTITLED
AN ACT
relating to a plan and report on court-ordered representation for
certain suits affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 71, Government Code, is
amended by adding Section 71.0355 to read as follows:
Sec. 71.0355. PLAN AND REPORT ON COURT-ORDERED
REPRESENTATION. (a) The council shall develop a statewide plan
requiring counties and courts in this state to report information
on court-ordered representation for appointments made in suits
affecting the parent-child relationship under Part 1, Subchapter B,
Chapter 107, Family Code. In developing the plan, the council must
consider the costs to counties of implementing the plan and design
the plan to reduce redundant reporting.
(b) Not later than November 1 of each odd-numbered year and
in the form and manner prescribed in the plan, each district or
county clerk serving a court subject to the plan shall prepare and
provide to the council:
(1) a copy of all formal and informal rules and forms
the court uses to appoint representation in suits affecting the
parent-child relationship under Part 1, Subchapter B, Chapter 107,
Family Code; and
(2) any fee schedule the court uses for court-ordered
representation.
(c) Each county auditor, or other individual designated by
the commissioners court of a county, shall prepare and send to the
council in the form and manner prescribed in the plan information on
the money spent by the county during the preceding state fiscal year
to provide court-ordered representation in suits affecting the
parent-child relationship under Part 1, Subchapter B, Chapter 107,
Family Code. The information must include:
(1) the total amount of money spent by the county to
provide court-ordered representation services; and
(2) of the money spent under Subdivision (1), the
amount of money spent:
(A) for appointments in each district court,
county court, statutory county court, and appellate court in the
county;
(B) for appointments of private attorneys for
indigent defendants;
(C) for appointments of public defenders for
indigent defendants; and
(D) for investigation, expert witness, or other
litigation expenses.
(d) Each district and county clerk serving a court subject
to the plan and each county auditor, or other individual designated
by the commissioners court of a county, shall provide to the council
the information required under the plan and this section.
(e) The council annually shall:
(1) compile in a report the information submitted to
the council under the plan and this section;
(2) submit the report compiled under Subdivision (1)
to the governor, lieutenant governor, and speaker of the house of
representatives; and
(3) electronically publish the report compiled under
Subdivision (1).
SECTION 2. (a) As soon as practicable after the effective
date of this Act, the Texas Judicial Council shall develop the plan
required by Section 71.0355, Government Code, as added by this Act.
(b) Notwithstanding Section 71.0355, Government Code, as
added by this Act, a county or court in this state is not required to
comply with that section until September 1, 2020, or a later date
provided in the plan developed under that section.
SECTION 3. This Act takes effect September 1, 2019.