Texas 2021 - 87th Regular

Texas House Bill HB1315 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1315
	1	+	By: J. Johnson of Harris, Leach, Neave H.B. No. 1315
	2	+	(Senate Sponsor - Powell)
	3	+	(In the Senate - Received from the House April 21, 2021;
	4	+	May 10, 2021, read first time and referred to Committee on Health &
	5	+	Human Services; May 24, 2021, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	7	+	May 24, 2021, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1315 By: Perry
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to the duration of an appointment of a guardian ad litem or
6	15		an attorney ad litem for a child in the conservatorship of the
7	16		Department of Family and Protective Services.
8	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	18		SECTION 1. Section 107.016, Family Code, is amended to read
10	19		as follows:
11	20		Sec. 107.016. CONTINUED REPRESENTATION; DURATION OF
12	21		APPOINTMENT. In a suit filed by a governmental entity in which
13	22		termination of the parent-child relationship or appointment of the
14	23		entity as conservator of the child is requested:
15	24		(1) [an order appointing the Department of Family and
16	25		Protective Services as the child's managing conservator may provide
17	26		for the continuation of the appointment of the guardian ad litem for
18	27		the child for any period during the time the child remains in the
19	28		conservatorship of the department, as set by the court;
20	29		[(2)] an order appointing the Department of Family and
21	30		Protective Services as the child's managing conservator:
22	31		(A) shall [may] provide for the continuation of
23	32		the appointment of the guardian ad litem or the attorney ad litem
24	33		for the child, or an attorney appointed to serve in the dual role,
25	34		as long as the child remains in the conservatorship of the
26	35		department; and
27	36		(B) may provide for the continuation of the
28	37		appointment of both the attorney ad litem and the guardian ad litem
29	38		for the child if both have been appointed, as long as the child
30	39		remains in the conservatorship of the department; and
31	40		(2) [(3)] an attorney appointed under this subchapter
32	41		to serve as an attorney ad litem for a parent or an alleged father
33	42		continues to serve in that capacity until the earliest of:
34	43		(A) the date the suit affecting the parent-child
35	44		relationship is dismissed;
36	45		(B) the date all appeals in relation to any final
37	46		order terminating parental rights are exhausted or waived; or
38	47		(C) the date the attorney is relieved of the
39	48		attorney's duties or replaced by another attorney after a finding
40	49		of good cause is rendered by the court on the record.
41	50		SECTION 2. The changes in law made by this Act apply to a
42	51		suit affecting the parent-child relationship filed before, on, or
43	52		after the effective date of this Act.
44	53		SECTION 3. This Act takes effect September 1, 2021.
45		-	______________________________ ______________________________
46		-	President of the Senate Speaker of the House
47		-	I certify that H.B. No. 1315 was passed by the House on April
48		-	21, 2021, by the following vote: Yeas 110, Nays 37, 2 present, not
49		-	voting; and that the House concurred in Senate amendments to H.B.
50		-	No. 1315 on May 28, 2021, by the following vote: Yeas 107, Nays 32,
51		-	1 present, not voting.
52		-	______________________________
53		-	Chief Clerk of the House
54		-	I certify that H.B. No. 1315 was passed by the Senate, with
55		-	amendments, on May 26, 2021, by the following vote: Yeas 31, Nays
56		-	0.
57		-	______________________________
58		-	Secretary of the Senate
59		-	APPROVED: __________________
60		-	Date
61		-	__________________
62		-	Governor
	54	+	* * * * *