H.B. No. 3003
 
 
 
 
AN ACT
  relating to the appointment of counsel in certain suits affecting
  the parent-child relationship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 107, Family Code, is amended by adding
  Subchapters E and F to read as follows:
  SUBCHAPTER E. OFFICE OF CHILD REPRESENTATION AND OFFICE OF PARENT
  REPRESENTATION
         Sec. 107.061.  DEFINITION. In this subchapter,
  "governmental entity" includes a county, a group of counties, a
  department of a county, an administrative judicial region created
  by Section 74.042, Government Code, and any entity created under
  the Interlocal Cooperation Act as permitted by Chapter 791,
  Government Code.
         Sec. 107.062. APPLICABILITY. This subchapter applies to a
  suit filed by a governmental entity seeking termination of the
  parent-child relationship or the appointment of a conservator for a
  child in which appointment of an attorney is required under Section
  107.012 or 107.013.
         Sec. 107.063. NONPROFIT FUNDING. This subchapter does not
  limit or prevent a nonprofit corporation from receiving and using
  money obtained from other entities to provide legal representation
  and services as authorized by this subchapter.
         Sec. 107.064. OFFICE OF CHILD REPRESENTATION. An office of
  child representation is an entity that uses public money to provide
  legal representation and services for a child in a suit filed by a
  governmental entity seeking termination of the parent-child
  relationship or the appointment of a conservator for the child in
  which appointment is mandatory for a child under Section 107.012.
         Sec. 107.065. OFFICE OF PARENT REPRESENTATION. An office of
  parent representation is an entity that uses public money to
  provide legal representation and services for a parent in a suit
  filed by a governmental entity seeking termination of the
  parent-child relationship or the appointment of a conservator for a
  child in which appointment is mandatory for a parent under Section
  107.013.
         Sec. 107.066. CREATION OF OFFICE OF CHILD REPRESENTATION OR
  OFFICE OF PARENT REPRESENTATION. (a)  An office described by
  Section 107.064 or 107.065 may be a governmental entity or a
  nonprofit corporation operating under a written agreement with a
  governmental entity, other than an individual judge or court.
         (b) The commissioners court of any county, on written
  approval of a judge of a statutory county court or a district court
  having family law jurisdiction in the county, may create an office
  of child representation, an office of parent representation, or
  both offices by establishing a department of the county or
  designating under a contract a nonprofit corporation to perform the
  duties of an office.
         (c)  The commissioners courts of two or more counties may
  enter into a written agreement to jointly create and jointly fund a
  regional office of child representation, a regional office of
  parent representation, or both regional offices. 
         (d)  In creating an office of child representation or office
  of parent representation under this section, the commissioners
  court shall specify or the commissioners courts shall jointly
  specify, as applicable:
               (1)  the duties of the office;
               (2)  the types of cases to which the office may be
  appointed under this chapter and the courts in which an attorney
  employed by the office may be required to appear;
               (3)  if the office is a nonprofit corporation, the term
  during which the contract designating the office is effective and
  how that contract may be renewed on expiration of the term; and
               (4)  if an oversight board is established under Section
  107.072 for the office, the powers and duties that have been
  delegated to the oversight board.
         Sec. 107.067. NONPROFIT AS OFFICE. (a) Before contracting
  with a nonprofit corporation to serve as an office of child
  representation or office of parent representation, the
  commissioners court or commissioners courts, as applicable, must
  solicit proposals for the office.
         (b)  After considering each proposal for an office of child
  representation or office of parent representation submitted by a
  nonprofit corporation, the commissioners court or commissioners
  courts, as applicable, shall select a proposal that reasonably
  demonstrates that the office will provide adequate quality
  representation for children for whom appointed counsel is required
  under Section 107.012 or for parents for whom appointed counsel is
  required under Section 107.013, as applicable.
         (c)  The total cost of the proposal may not be the sole
  consideration in selecting a proposal.
         Sec. 107.068. PLAN OF OPERATION FOR OFFICE. The applicable
  commissioners court or commissioners courts shall require a written
  plan of operation from an entity serving as an office of child
  representation or office of parent representation. The plan must
  include:
               (1)  a budget for the office, including salaries;
               (2)  a description of each personnel position,
  including the chief counsel position;
               (3)  the maximum allowable caseloads for each attorney
  employed by the office;
               (4)  provisions for training personnel and attorneys
  employed by the office;
               (5)  a description of anticipated overhead costs for
  the office;
               (6)  policies regarding the use of licensed
  investigators and expert witnesses by the office; and
               (7)  a policy to ensure that the chief of the office and
  other attorneys employed by the office do not provide
  representation to a child, a parent, or an alleged father, as
  applicable, if doing so would create a conflict of interest.
         Sec. 107.069. OFFICE PERSONNEL. (a) An office of child
  representation or office of parent representation must be directed
  by a chief counsel who:
               (1)  is a member of the State Bar of Texas;
               (2)  has practiced law for at least three years; and
               (3)  has substantial experience in the practice of
  child welfare law.
         (b)  An office of child representation or office of parent
  representation may employ attorneys, licensed investigators,
  licensed social workers, and other personnel necessary to perform
  the duties of the office as specified by the commissioners court or
  commissioners courts.
         (c)  An attorney for the office of child representation or
  office of parent representation must comply with any applicable
  continuing education and training requirements of Sections 107.004
  and 107.0131 before accepting representation.
         (d)  Except as authorized by this chapter, the chief counsel
  and other attorneys employed by an office of child representation
  or office of parent representation may not:
               (1)  engage in the private practice of child welfare
  law; or
               (2)  accept anything of value not authorized by this
  chapter for services rendered under this chapter.
         (e)  A judge may remove from a case a person who violates
  Subsection (d).
         Sec. 107.070. APPOINTMENTS IN COUNTY IN WHICH OFFICE
  CREATED. (a) If there is an office of child representation or
  office of parent representation serving a county, a court in that
  county shall appoint for a child or parent, as applicable, an
  attorney from the office in a suit filed in the county by a
  governmental entity seeking termination of the parent-child
  relationship or the appointment of a conservator for the child,
  unless there is a conflict of interest or other reason to appoint a
  different attorney from the list maintained by the court of
  attorneys qualified for appointment under Section 107.012 or
  107.013.
         (b)  An office of child representation or office of parent
  representation may not accept an appointment if:
               (1)  a conflict of interest exists;
               (2)  the office has insufficient resources to provide
  adequate representation;
               (3)  the office is incapable of providing
  representation in accordance with the rules of professional
  conduct;
               (4)  the appointment would require one or more
  attorneys at the office to have a caseload that exceeds the maximum
  allowable caseload; or
               (5)  the office shows other good cause for not
  accepting the appointment.
         (c)  An office of parent representation may investigate the
  financial condition of any person the office is appointed to
  represent under Section 107.013. The office shall report the
  results of the investigation to the appointing judge. The judge may
  hold a hearing to determine if the person is indigent and entitled
  to appointment of representation under Section 107.013.
         (d)  If it is necessary to appoint an attorney who is not
  employed by an office of child representation or office of parent
  representation for one or more parties, the attorney is entitled to
  the compensation provided by Section 107.015.
         Sec. 107.071. FUNDING OF OFFICE. An office of child
  representation or office of parent representation is entitled to
  receive money for personnel costs and expenses incurred in
  operating as an office in amounts set by the commissioners court and
  paid out of the appropriate county fund, or jointly fixed by the
  commissioners courts and proportionately paid out of each
  appropriate county fund if the office serves more than one county.
         Sec. 107.072. OVERSIGHT BOARD. (a) The commissioners court
  of a county or the commissioners courts of two or more counties may
  establish an oversight board for an office of child representation
  or office of parent representation created in accordance with this
  subchapter.
         (b)  A commissioners court that establishes an oversight
  board under this section shall appoint members of the board.
  Members may include one or more of the following:
               (1)  an attorney with substantial experience in child
  welfare law;
               (2)  the judge of a trial court having family law
  jurisdiction in the county or counties for which the office was
  created;
               (3)  a county commissioner; and
               (4)  a county judge.
         (c)  A commissioners court may delegate to the oversight
  board any power or duty of the commissioners court to provide
  oversight of an office of child representation or office of parent
  representation under this subchapter, including:
               (1)  recommending selection and removal of a chief
  counsel of the office;
               (2)  setting policy for the office; and
               (3)  developing a budget proposal for the office.
         (d)  An oversight board established under this section may
  not access privileged or confidential information.
         (e)  A judge who serves on an oversight board under this
  section has judicial immunity in a suit arising from the
  performance of a power or duty described by Subsection (c).
  SUBCHAPTER F. MANAGED ASSIGNED COUNSEL PROGRAM FOR THE
  REPRESENTATION OF CERTAIN CHILDREN AND PARENTS
         Sec. 107.101.  DEFINITIONS. In this subchapter:
               (1)  "Governmental entity" includes a county, a group
  of counties, a department of a county, an administrative judicial
  region created by Section 74.042, Government Code, and any entity
  created under the Interlocal Cooperation Act as permitted by
  Chapter 791, Government Code.
               (2)  "Program" means a managed assigned counsel program
  created under this subchapter.
         Sec. 107.102. MANAGED ASSIGNED COUNSEL PROGRAM. (a) A
  managed assigned counsel program may be operated with public money
  for the purpose of appointing counsel to provide legal
  representation and services for a child or parent in a suit filed by
  a governmental entity seeking termination of the parent-child
  relationship or the appointment of a conservator for the child in
  which appointment is mandatory for a child under Section 107.012 or
  for a parent under Section 107.013. 
         (b)  The program may be operated by a governmental entity,
  nonprofit corporation, or local bar association under a written
  agreement with a governmental entity, other than an individual
  judge or court.
         Sec. 107.103. CREATION OF MANAGED ASSIGNED COUNSEL PROGRAM.
  (a) The commissioners court of a county, on written approval of a
  judge of a statutory county court or a district court having family
  law jurisdiction in the county, may appoint a governmental entity,
  nonprofit corporation, or local bar association to operate a
  managed assigned counsel program for the legal representation of:
               (1)  a child in a suit in which appointment is mandatory
  under Section 107.012; or
               (2)  a parent in a suit in which appointment is
  mandatory under Section 107.013.
         (b)  The commissioners courts of two or more counties may
  enter into a written agreement to jointly appoint and fund a
  governmental entity, nonprofit corporation, or bar association to
  operate a program that provides legal representation for children,
  parents, or both children and parents.
         (c)  In appointing an entity to operate a program under this
  subchapter, the commissioners court shall specify or the
  commissioners courts shall jointly specify:
               (1)  the types of cases in which the program may appoint
  counsel under this section, and the courts in which the counsel
  appointed by the program may be required to appear; and
               (2)  the term of any agreement establishing a program
  and how the agreement may be terminated or renewed.
         Sec. 107.104. PLAN FOR PROGRAM REQUIRED. The commissioners
  court or commissioners courts shall require a written plan of
  operation from an entity operating a program under this subchapter.
  The plan of operation must include:
               (1)  a budget for the program, including salaries;
               (2)  a description of each personnel position,
  including the program's director;
               (3)  the maximum allowable caseload for each attorney
  appointed under the program;
               (4)  provisions for training personnel of the program
  and attorneys appointed under the program;
               (5)  a description of anticipated overhead costs for
  the program;
               (6)  a policy regarding licensed investigators and
  expert witnesses used by attorneys appointed under the program;
               (7)  a policy to ensure that appointments are
  reasonably and impartially allocated among qualified attorneys;
  and
               (8)  a policy to ensure that an attorney appointed
  under the program does not accept appointment in a case that
  involves a conflict of interest for the attorney.
         Sec. 107.105. PROGRAM DIRECTOR; PERSONNEL. (a) Unless a
  program uses a review committee appointed under Section 107.106, a
  program under this subchapter must be directed by a person who:
               (1)  is a member of the State Bar of Texas;
               (2)  has practiced law for at least three years; and
               (3)  has substantial experience in the practice of
  child welfare law.
         (b)  A program may employ personnel necessary to perform the
  duties of the program and enter into contracts necessary to perform
  the program's duties as specified by the commissioners court or
  commissioners courts under this subchapter.
         Sec. 107.106.  REVIEW COMMITTEE. (a) The governmental
  entity, nonprofit corporation, or local bar association operating a
  program may appoint a review committee of three or more individuals
  to approve attorneys for inclusion on the program's public
  appointment list.
         (b)  Each member of the committee:
               (1)  must meet the requirements described by Section
  107.105(a) for the program director;
               (2)  may not be employed as a prosecutor; and
               (3)  may not be included on or apply for inclusion on
  the public appointment list.
         Sec. 107.107. APPOINTMENT FROM PROGRAM'S PUBLIC APPOINTMENT
  LIST. (a) The judge of a county served by a program shall make any
  appointment required under Section 107.012 or 107.013 in a suit
  filed in the county by a governmental entity seeking termination of
  the parent-child relationship or the appointment of a conservator
  for the child from the program's public appointment list, unless
  there is a conflict of interest or other reason to appoint a
  different attorney from the list maintained by the court of
  attorneys qualified for appointment under Section 107.012 or
  107.013.
         (b)  The program's public appointment list from which an
  attorney is appointed under this section must contain the names of
  qualified attorneys, each of whom:
               (1)  applies to be included on the list;
               (2)  meets any applicable requirements, including any
  education and training programs required under Sections 107.004 and
  107.0131; and
               (3)  is approved by the program director or review
  committee, as applicable.
         Sec. 107.108. FUNDING OF PROGRAM. (a) A program is entitled
  to receive money for personnel costs and expenses incurred in
  amounts set by the commissioners court and paid out of the
  appropriate county fund or jointly fixed by the commissioners
  courts and proportionately paid out of each appropriate county fund
  if the program serves more than one county.
         (b)  An attorney appointed under the program is entitled to
  reasonable fees as provided by Section 107.015.
         SECTION 2.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3003 was passed by the House on April
  30, 2015, by the following vote:  Yeas 139, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3003 on May 21, 2015, by the following vote:  Yeas 142, Nays 2,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3003 was passed by the Senate, with
  amendments, on May 20, 2015, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor