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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of attorneys ad litem, guardians ad |
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litem, and mediators. |
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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 37 to read as follows: |
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CHAPTER 37. APPOINTMENTS OF ATTORNEYS AD LITEM, GUARDIANS AD LITEM, |
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AND MEDIATORS |
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Sec. 37.001. APPLICABILITY; CONFLICT OF LAW. (a) This |
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chapter applies to a judge of any court in this state created by the |
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Texas 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 judge or court, this chapter |
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controls. |
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Sec. 37.002. LISTS OF ATTORNEYS AD LITEM, GUARDIANS AD |
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LITEM, AND MEDIATORS. (a) In addition to a list required by other |
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state law or rule, the judge of each court in this state shall |
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establish and maintain the following lists: |
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(1) a list of all attorneys qualified to serve as an |
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attorney ad litem; |
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(2) a list of all attorneys and other persons |
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qualified to serve as a guardian ad litem; and |
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(3) a list of all attorneys and other persons |
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qualified to serve as a mediator. |
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(b) A list maintained under Subsection (a) must contain the |
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names of all attorneys and other persons who: |
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(1) meet any statutory or other requirements to serve |
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as an attorney ad litem, guardian ad litem, or mediator, as |
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applicable for each list; and |
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(2) have registered to serve as attorney ad litem, |
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guardian ad litem, or mediator with the court. |
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Sec. 37.003. APPOINTMENT OF ATTORNEYS AD LITEM, GUARDIANS |
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AD LITEM, AND MEDIATORS; MAINTENANCE OF LISTS. (a) Except as |
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provided by Subsections (b) and (c), in each case in which the |
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appointment of an attorney ad litem, guardian ad litem, or mediator |
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is necessary, a court shall appoint the attorney or other person |
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whose name appears first on the applicable list maintained by the |
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judge of the court as required by Section 37.002. |
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(b) The court may appoint an attorney or other person |
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included on the applicable list whose name does not appear first on |
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the list, or an attorney or other person who meets statutory or |
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other requirements to serve and who is not included on the list, if |
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the appointment of that attorney or person as attorney ad litem, |
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guardian ad litem, or mediator is agreed on by the parties and |
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approved by the court. |
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(c) The court may appoint from the applicable list the first |
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qualified attorney or other person included on the list, or for a |
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case in which a qualified attorney or other person is not included |
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on the list, an attorney or other person who meets statutory or |
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other requirements to serve on the case, if the appointment of that |
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attorney or person as attorney ad litem, guardian ad litem, or |
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mediator is required on a complex matter because the attorney or |
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other person possesses relevant specialized education, training, |
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certification, or skill. |
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(d) After an attorney or other person has been appointed as |
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an attorney ad litem, guardian ad litem, or mediator from the |
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applicable list, the judge shall place that attorney's or person's |
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name at the end of the list. |
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SECTION 2. Chapter 37, Government Code, as added by this |
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Act, applies only to the appointment of an attorney ad litem, |
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guardian ad litem, or mediator made on or after the effective date |
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of this Act. An appointment made before the effective date of this |
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Act is governed by the law in effect on the date the appointment was |
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made, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |