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AN ACT
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relating to the appointment of attorneys ad litem and to |
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court-appointed volunteer advocates in certain suits affecting the |
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parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.092, Government Code, is amended to |
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read as follows: |
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Sec. 74.092. DUTIES OF LOCAL ADMINISTRATIVE JUDGE. (a) A |
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local administrative judge, for the courts for which the judge |
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serves as local administrative judge, shall: |
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(1) implement and execute the local rules of |
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administration, including the assignment, docketing, transfer, and |
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hearing of cases; |
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(2) appoint any special or standing committees |
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necessary or desirable for court management and administration; |
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(3) promulgate local rules of administration if the |
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other judges do not act by a majority vote; |
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(4) recommend to the regional presiding judge any |
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needs for assignment from outside the county to dispose of court |
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caseloads; |
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(5) supervise the expeditious movement of court |
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caseloads, subject to local, regional, and state rules of |
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administration; |
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(6) provide the supreme court and the office of court |
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administration requested statistical and management information; |
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(7) set the hours and places for holding court in the |
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county; |
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(8) supervise the employment and performance of |
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nonjudicial personnel; |
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(9) supervise the budget and fiscal matters of the |
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local courts, subject to local rules of administration; |
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(10) coordinate and cooperate with any other local |
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administrative judge in the district in the assignment of cases in |
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the courts' concurrent jurisdiction for the efficient operation of |
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the court system and the effective administration of justice; [and] |
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(11) establish and maintain a list of all attorneys |
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qualified to serve as an attorney ad litem; and |
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(12) perform other duties as may be directed by the |
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chief justice or a regional presiding judge. |
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(b) A list of attorneys ad litem maintained under Subsection |
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(a)(11) must contain the names of all attorneys who: |
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(1) meet any statutory or other requirements to serve |
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as an attorney ad litem; and |
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(2) have registered to serve as attorney ad litem with |
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a court for which the judge maintaining the list serves as local |
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administrative judge. |
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SECTION 2. Subchapter D, Chapter 74, Government Code, is |
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amended by adding Section 74.098 to read as follows: |
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Sec. 74.098. APPOINTMENT OF ATTORNEYS AD LITEM; MAINTENANCE |
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OF LIST. (a) Except as provided by Subsection (b), in each case in |
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which the appointment of an attorney ad litem is necessary, a court |
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shall appoint the attorney whose name appears first on the list of |
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attorneys ad litem maintained by the local administrative judge for |
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that court as required by Section 74.092. |
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(b) The court may appoint an attorney included on the list |
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whose name does not appear first on the list or an attorney not |
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included on the list if the appointment of that attorney as attorney |
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ad litem is: |
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(1) required on a complex matter because the attorney |
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possesses relevant specialized education, training, certification, |
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or skill; |
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(2) made pursuant to the Family Code, Health and |
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Safety Code, Human Resources Code, Texas Trust Code (Subtitle B, |
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Title 9, Property Code), or Texas Probate Code; or |
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(3) agreed on by the parties and approved by the court. |
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(c) After an attorney has been appointed as an attorney ad |
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litem from the list, the local administrative judge shall place |
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that attorney's name at the end of the list. |
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SECTION 3. Subdivision (2), Section 264.601, Family Code, |
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is amended to read as follows: |
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(2) "Volunteer advocate program" means a |
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volunteer-based, nonprofit program that: |
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(A) provides advocacy services to abused or |
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neglected children with the goal of obtaining a permanent placement |
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for a child that is in the child's best interest; and |
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(B) complies with recognized standards for |
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volunteer advocate programs. |
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SECTION 4. Section 264.602, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (f) to read as |
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follows: |
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(a) The statewide organization with which the attorney |
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general contracts under Section 264.603 shall contract for services |
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with eligible volunteer advocate programs to provide advocacy |
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services to abused or neglected children [expand the existing
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services of the programs]. |
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(f) Expenses incurred by a volunteer advocate program to |
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promote public awareness of the need for volunteer advocates or to |
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explain the work performed by volunteer advocates that are paid |
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with money from the attorney general volunteer advocate program |
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account under Section 504.611, Transportation Code, are not |
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considered administrative expenses for the purpose of Section |
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264.603(b). |
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SECTION 5. Subsection (a), Section 264.603, Family Code, is |
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amended to read as follows: |
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(a) The attorney general shall contract with one statewide |
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organization of individuals or groups of individuals who have |
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expertise in the dynamics of child abuse and neglect and experience |
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in operating volunteer advocate programs to provide training, |
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technical assistance, and evaluation services for the benefit of |
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local volunteer advocate programs. The contract shall: |
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(1) include [require] measurable goals and objectives |
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relating to the number of: |
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(A) volunteer advocates in the program; and |
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(B) children receiving services from the |
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program; and |
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(2) follow practices designed to ensure compliance |
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with standards referenced in the contract [for expanding local
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volunteer child advocate programs to areas of the state in which
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those programs do not exist]. |
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SECTION 6. Subsection (a), Section 264.604, Family Code, is |
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amended to read as follows: |
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(a) A person is eligible for a contract under Section |
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264.602 only if the person is a public or private nonprofit entity |
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that operates a volunteer advocate program that: |
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(1) uses individuals appointed as volunteer advocates |
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or guardians ad litem by the court to provide for the needs of |
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abused or neglected children; |
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(2) has provided court-appointed advocacy services |
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for at least six months [two years]; |
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(3) provides court-appointed advocacy services for at |
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least 10 children each month; and |
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(4) has demonstrated that the program has local |
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judicial support. |
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SECTION 7. Subsections (b) and (c), Section 264.607, Family |
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Code, are repealed. |
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SECTION 8. Not later than December 1, 2009, each local |
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administrative judge shall establish a list of attorneys registered |
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and qualified to serve as attorney ad litem in a court for which the |
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judge serves as local administrative judge as required by Section |
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74.092, Government Code, as amended by this Act. |
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SECTION 9. The change in law made by this Act applies only |
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to the appointment of an attorney ad litem on or after December 1, |
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2009. |
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SECTION 10. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1369 passed the Senate on |
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April 9, 2009, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 30, 2009, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1369 passed the House, with |
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amendment, on May 27, 2009, by the following vote: Yeas 145, |
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Nays 3, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |