By: Culberson H.B. No. 2356
73R2801 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the practice of certain attorneys ad litem.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 11.10, Family Code, is amended by
1-5 amending Subsections (c), (d), and (e) and adding Subsection (f) to
1-6 read as follows:
1-7 (c) The court may appoint an attorney from the attorney ad
1-8 litem registry pool for the county in which the court resides for
1-9 any party in a case in which it deems representation necessary to
1-10 protect the interests of the child who is the subject matter of the
1-11 suit.
1-12 (d) In any suit brought by a governmental entity seeking
1-13 termination of the parent-child relationship or to be named
1-14 conservator of a child, the court shall appoint an attorney ad
1-15 litem to represent the interests of the child as soon as
1-16 practicable to insure adequate representation of the child's
1-17 interest. In any suit in which termination of the parent-child
1-18 relationship is sought, the court shall appoint an attorney ad
1-19 litem to represent the interests of each indigent parent of the
1-20 child who responds in opposition to the termination. If both
1-21 parents of the child are indigent and oppose termination and the
1-22 court finds that the interests of the parents are not in conflict,
1-23 the court may appoint a single attorney ad litem to represent the
1-24 interests of both parents. An attorney ad litem appointed under
2-1 this section shall be appointed from the attorney ad litem registry
2-2 pool for the county in which the court resides.
2-3 (e) An attorney appointed to represent a child or parent as
2-4 authorized by this section is entitled to a reasonable fee in the
2-5 amount set by the maximum fee schedule for an attorney ad litem
2-6 established by the local administrative district judge for the
2-7 county in <court> which the court resides. The fee shall <is to>
2-8 be paid by the parents of the child unless the parents are
2-9 indigent. If indigency is shown, an attorney appointed to
2-10 represent a child or parent in a suit to terminate the parent-child
2-11 relationship shall be paid from the general funds of the county
2-12 where the suit is heard in the same manner and according to the
2-13 same fee schedule as applies to an attorney appointed to represent
2-14 a child in a suit under Title 3 of this code and as provided by
2-15 Section 51.10(i) of this code.
2-16 (f) The local administrative district judge for each county
2-17 shall establish a family law attorney ad litem registry pool for
2-18 each county. An attorney may be registered in the pool by applying
2-19 to the administrative judge and by showing that the attorney:
2-20 (1) is certified by the Texas Board of Legal
2-21 Specialization as a family law specialist; and
2-22 (2) has a baccalaureate degree or advanced training in
2-23 a subject area that includes a concentration of study in child
2-24 psychology, child care, or the prevention or mitigation of sexual
2-25 or physical abuse of children.
2-26 SECTION 2. Section 74.092, Government Code, is amended to
2-27 read as follows:
3-1 Sec. 74.092. Duties of Local Administrative Judge. A local
3-2 administrative judge, for the courts for which the judge serves as
3-3 local administrative judge, shall:
3-4 (1) implement and execute the local rules of
3-5 administration, including the assignment, docketing, transfer, and
3-6 hearing of cases;
3-7 (2) appoint any special or standing committees
3-8 necessary or desirable for court management and administration;
3-9 (3) promulgate local rules of administration if the
3-10 other judges do not act by a majority vote;
3-11 (4) recommend to the regional presiding judge any
3-12 needs for assignment from outside the county to dispose of court
3-13 caseloads;
3-14 (5) supervise the expeditious movement of court
3-15 caseloads, subject to local, regional, and state rules of
3-16 administration;
3-17 (6) provide the supreme court and the office of court
3-18 administration requested statistical and management information;
3-19 (7) set the hours and places for holding court in the
3-20 county;
3-21 (8) supervise the employment and performance of
3-22 nonjudicial personnel;
3-23 (9) supervise the budget and fiscal matters of the
3-24 local courts, subject to local rules of administration;
3-25 (10) coordinate and cooperate with any other local
3-26 administrative judge in the district in the assignment of cases in
3-27 the courts' concurrent jurisdiction for the efficient operation of
4-1 the court system and the effective administration of justice;
4-2 (11) establish a family law attorney ad litem registry
4-3 pool as required by Section 11.10(f), Family Code;
4-4 (12) establish a maximum fee schedule for an attorney
4-5 ad litem appointed under Section 11.10, Family Code; and
4-6 (13) <(11)> perform other duties as may be directed by
4-7 the chief justice or a regional presiding judge.
4-8 SECTION 3. This Act takes effect September 1, 1993, and
4-9 applies to an appointment of an attorney ad litem on or after that
4-10 date. An attorney ad litem appointed before the effective date is
4-11 governed by the law in effect at the time the attorney ad litem was
4-12 appointed and that law is continued in effect for that purpose.
4-13 SECTION 4. The importance of this legislation and the
4-14 crowded condition of the calendars in both houses create an
4-15 emergency and an imperative public necessity that the
4-16 constitutional rule requiring bills to be read on three several
4-17 days in each house be suspended, and this rule is hereby suspended.