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AN ACT
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relating to reports on attorney ad litem, guardian ad litem, |
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guardian, mediator, and competency evaluator appointments made by |
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courts in this state and an interim study on a billing system for |
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attorneys ad litem. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 2, Government Code, is amended |
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by adding Chapter 36 to read as follows: |
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CHAPTER 36. JUDICIAL REPORTS |
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Sec. 36.001. DEFINITIONS. In this chapter: |
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(1) "Competency evaluator" means a physician or |
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psychologist who is licensed or certified in this state and who |
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performs examinations to determine whether an individual is |
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incapacitated or has an intellectual disability for purposes of |
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appointing a guardian for the individual. The term includes |
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physicians and psychologists conducting examinations under |
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Sections 1101.103 and 1101.104, Estates Code. |
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(2) "Guardian" has the meaning assigned by Section |
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1002.012, Estates Code. |
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Sec. 36.002. APPLICABILITY; CONFLICT OF LAW. (a) This |
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chapter applies to a court in this state created by the Texas |
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Constitution, by statute, or as authorized by statute. |
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(b) To the extent of a conflict between this chapter and a |
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specific provision relating to a court, this chapter controls. |
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Sec. 36.003. EXEMPTION. The reporting requirements of |
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Section 36.004 do not apply to: |
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(1) a mediation conducted by an alternative dispute |
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resolution system established under Chapter 152, Civil Practice and |
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Remedies Code; |
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(2) information made confidential under state or |
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federal law, including applicable rules; |
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(3) a guardian ad litem or other person appointed |
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under a program authorized by Section 107.031, Family Code; or |
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(4) an attorney ad litem, guardian ad litem, amicus |
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attorney, or mediator appointed under a domestic relations office |
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established under Chapter 203, Family Code. |
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Sec. 36.004. REPORT ON APPOINTMENTS. (a) In addition to a |
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report required by other state law or rule, the clerk of each court |
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in this state shall prepare a report on court appointments for an |
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attorney ad litem, guardian ad litem, guardian, mediator, or |
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competency evaluator for a case before the court in the preceding |
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month. For a court that does not make an appointment in the |
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preceding month, the clerk of the court must file a report |
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indicating that no appointment was made by the court in that month. |
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The report on court appointments must include: |
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(1) the name of each person appointed by the court as |
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an attorney ad litem, guardian ad litem, guardian, mediator, or |
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competency evaluator for a case in that month; |
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(2) the name of the judge and the date of the order |
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approving compensation to be paid to a person appointed as an |
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attorney ad litem, guardian ad litem, guardian, mediator, or |
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competency evaluator for a case in that month; |
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(3) the number and style of each case in which a person |
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was appointed as an attorney ad litem, guardian ad litem, guardian, |
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mediator, or competency evaluator for that month; |
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(4) the number of cases each person was appointed by |
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the court to serve as an attorney ad litem, guardian ad litem, |
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guardian, mediator, or competency evaluator in that month; |
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(5) the total amount of compensation paid to each |
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attorney ad litem, guardian ad litem, guardian, mediator, or |
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competency evaluator appointed by the court in that month and the |
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source of the compensation; and |
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(6) if the total amount of compensation paid to a |
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person appointed to serve as an attorney ad litem, guardian ad |
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litem, guardian, mediator, or competency evaluator for one |
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appointed case in that month exceeds $1,000, any information |
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related to the case that is available to the court on the number of |
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hours billed to the court for the work performed by the person or |
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the person's employees, including paralegals, and the billed |
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expenses. |
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(b) Not later than the 15th day of each month, the clerk of a |
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court shall: |
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(1) submit a copy of the report to the Office of Court |
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Administration of the Texas Judicial System; and |
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(2) post the report at the courthouse of the county in |
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which the court is located and on any Internet website of the court. |
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(c) The Office of Court Administration of the Texas Judicial |
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System shall prescribe the format that courts and the clerks of the |
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courts must use to report the information required by this section |
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and shall post the information collected under Subsection (b) on |
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the office's Internet website. |
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Sec. 36.005. FAILURE TO REPORT. If a court in this state |
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fails to provide to the clerk of the court the information required |
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for the report submitted under Section 36.004, the court is |
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ineligible for any grant money awarded by this state or a state |
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agency for the next state fiscal biennium. |
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Sec. 36.006. TEXAS JUDICIAL COUNCIL RULES. The Texas |
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Judicial Council shall, as the council considers appropriate, adopt |
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rules to implement this chapter. |
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SECTION 2. (a) The Office of Court Administration of the |
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Texas Judicial System shall conduct a study on the feasibility of |
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establishing a statewide uniform attorney ad litem billing system |
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that would allow attorneys appointed by courts in this state to |
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serve as attorneys ad litem in cases before the courts to enter on a |
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standardized form information regarding the appointment type and |
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duration, case information and activities, numbers of hours served |
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under the appointment, and hourly rate or flat fee paid for the |
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appointment. |
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(b) The study conducted under this section shall examine: |
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(1) the possible benefits to this state and to |
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counties in this state of establishing a statewide uniform attorney |
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ad litem billing system; |
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(2) the number of attorneys in this state providing |
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legal representation in court-appointed matters; |
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(3) the number of hours spent in client representation |
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activities by attorneys serving as attorneys ad litem; |
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(4) the qualifications of attorneys serving as |
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attorneys ad litem, including training and specialization; |
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(5) whether using a standardized billing voucher would |
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provide uniformity in the types of vouchers attorneys are currently |
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required to submit to courts for payment; and |
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(6) the amount of money spent on court-appointed legal |
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representation by year, court, county, and person served, such as |
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parent, child, or other. |
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(c) Not later than December 31, 2016, the Office of Court |
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Administration of the Texas Judicial System shall submit an |
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electronic copy of the study conducted under this section to the |
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governor, lieutenant governor, and speaker of the house of |
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representatives. |
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(d) This section expires September 1, 2017. |
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SECTION 3. Chapter 36, Government Code, as added by this |
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Act, applies beginning with the state fiscal year that begins |
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September 1, 2016. |
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SECTION 4. This Act takes effect September 1, 2015. |
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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 21, 2015, by the following vote: Yeas 29, Nays 1; and that |
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the Senate concurred in House amendments on May 30, 2015, by the |
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following vote: Yeas 30, Nays 1. |
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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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amendments, on May 27, 2015, by the following vote: Yeas 142, |
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Nays 2, two 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 |