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