Texas 2019 - 86th Regular

Texas Senate Bill SB560 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 560
	1	+	By: Kolkhorst S.B. No. 560
	2	+	(Smithee)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to a plan and report on court-ordered representation for
6	8		certain suits affecting the parent-child relationship.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Subchapter C, Chapter 71, Government Code, is
9	11		amended by adding Section 71.0355 to read as follows:
10	12		Sec. 71.0355. PLAN AND REPORT ON COURT-ORDERED
11	13		REPRESENTATION. (a) The council shall develop a statewide plan
12	14		requiring counties and courts in this state to report information
13	15		on court-ordered representation for appointments made in suits
14	16		affecting the parent-child relationship under Part 1, Subchapter B,
15	17		Chapter 107, Family Code. In developing the plan, the council must
16	18		consider the costs to counties of implementing the plan and design
17	19		the plan to reduce redundant reporting.
18	20		(b) Not later than November 1 of each odd-numbered year and
19	21		in the form and manner prescribed in the plan, each local
20	22		administrative district judge for a court subject to the plan, or
21	23		the person designated by the judge, shall prepare and provide to the
22	24		council:
23	25		(1) a copy of all formal and informal rules and forms
24	26		the court uses to appoint representation in suits affecting the
25	27		parent-child relationship under Part 1, Subchapter B, Chapter 107,
26		-	Family Code;
	28	+	Family Code; and
27	29		(2) any fee schedule the court uses for court-ordered
28		-	representation; and
29		-	(3) information on whether the court is complying with
30		-	Chapter 37, including the lists and the rotation system required by
31		-	that chapter.
	30	+	representation.
32	31		(c) Each county auditor, or other individual designated by
33	32		the commissioners court of a county, shall prepare and send to the
34	33		council, in the form and manner prescribed in the plan, information
35	34		on the money spent by the county during the preceding state fiscal
36	35		year to provide court-ordered representation in suits affecting the
37	36		parent-child relationship under Part 1, Subchapter B, Chapter 107,
38	37		Family Code. The information must include:
39	38		(1) the total amount of money spent by the county to
40	39		provide court-ordered representation services; and
41	40		(2) of the money spent under Subdivision (1), the
42	41		amount of money spent:
43	42		(A) for appointments in each district court,
44	43		county court, statutory county court, and appellate court in the
45	44		county;
46	45		(B) for appointments of private attorneys for
47	46		respondents, including parents, children, and alleged fathers, who
48	47		are indigent;
49	48		(C) for appointments of public counsel for
50	49		respondents, including parents, children, and alleged fathers, who
51	50		are indigent; and
52	51		(D) for investigation, expert witness, or other
53	52		litigation expenses.
54	53		(d) Each local administrative district judge for a court
55	54		subject to the plan, or the person designated by the judge, and each
56	55		county auditor, or other individual designated by the commissioners
57	56		court of a county, shall provide to the council the information
58	57		required under the plan and this section.
59	58		(e) The council annually shall:
60	59		(1) compile in a report the information submitted to
61	60		the council under the plan and this section;
62	61		(2) submit the report compiled under Subdivision (1)
63	62		to the governor, lieutenant governor, and speaker of the house of
64	63		representatives; and
65	64		(3) electronically publish the report compiled under
66	65		Subdivision (1).
67	66		SECTION 2. (a) As soon as practicable after the effective
68	67		date of this Act, the Texas Judicial Council shall develop the plan
69	68		required by Section 71.0355, Government Code, as added by this Act.
70	69		(b) Notwithstanding Section 71.0355, Government Code, as
71	70		added by this Act, a county or court in this state is not required to
72	71		comply with that section until September 1, 2020, or a later date
73	72		provided in the plan developed under that section.
74	73		SECTION 3. The Texas Judicial Council is required to
75	74		implement a provision of this Act only if the legislature
76	75		appropriates money specifically for that purpose. If the
77	76		legislature does not appropriate money specifically for that
78	77		purpose, the council may, but is not required to, implement a
79	78		provision of this Act using other appropriations available for that
80	79		purpose.
81	80		SECTION 4. This Act takes effect September 1, 2019.
82		-	______________________________ ______________________________
83		-	President of the Senate Speaker of the House
84		-	I hereby certify that S.B. No. 560 passed the Senate on
85		-	April 30, 2019, by the following vote: Yeas 30, Nays 1; and that
86		-	the Senate concurred in House amendment on May 24, 2019, by the
87		-	following vote: Yeas 31, Nays 0.
88		-	______________________________
89		-	Secretary of the Senate
90		-	I hereby certify that S.B. No. 560 passed the House, with
91		-	amendment, on May 22, 2019, by the following vote: Yeas 142,
92		-	Nays 0, two present not voting.
93		-	______________________________
94		-	Chief Clerk of the House
95		-	Approved:
96		-	______________________________
97		-	Date
98		-	______________________________
99		-	Governor