By: Kolkhorst S.B. No. 560
(In the Senate - Filed January 31, 2019; February 21, 2019,
read first time and referred to Committee on Health & Human
Services; April 24, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
April 24, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 560 By: Kolkhorst
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 local
administrative district judge for a court subject to the plan, or
the person designated by the judge, 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
respondents, including parents, children, and alleged fathers, who
are indigent;
(C) for appointments of public counsel for
respondents, including parents, children, and alleged fathers, who
are indigent; and
(D) for investigation, expert witness, or other
litigation expenses.
(d) Each local administrative district judge for a court
subject to the plan, or the person designated by the judge, 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. The Texas Judicial Council is required to
implement a provision of this Act only if the legislature
appropriates money specifically for that purpose. If the
legislature does not appropriate money specifically for that
purpose, the council may, but is not required to, implement a
provision of this Act using other appropriations available for that
purpose.
SECTION 4. This Act takes effect September 1, 2019.
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