BILL ANALYSIS



C.S.H.B. 2568
By: Brady
May 5, 1995
Committee Report (Substituted)


BACKGROUND

The 1993 report of the Texas Supreme Court task force to examine
appointments by the judiciary made recommendations to reform the
system of ad litem appointments in Texas.  Ad litems are often
appointed in Family Law cases with little regard for their
qualifications and therefore lack the specialized training
necessary to provide the maximum benefit to the parties involved. 
There is also a propensity to require ad litems in instances where
they may not be necessary, such as uncontested cases.  The report
also addressed the necessity to rectify both the impropriety and
the appearance of impropriety arising from allegations of quid pro
quo as a result of campaign contributors who also do ad litem work. 

PURPOSE

C.S.H.B. 2568 seeks to make changes in the procedure for which ad
litems are appointed including the establishment of ad litem pools,
the requirement that ad litems be trained in Family Law, the open
reporting of ad litem activities, and the abolishment of mandatory
ad litems in uncontested cases.  C.S.H.B. 2568 establishes a pilot
program in the Houston Department of Protective and Regulatory
Services (DPRS) Region and contains permissive language for the
remainder of the state.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 107.002, Family Code, as added by House
Bill 655, Acts of the 74th Legislature, Regular Session, 1995, by
adding Subsection (e) to provide that a court is not required to
appoint an attorney ad litem if the case is uncontested.

SECTION 2.  Amends Chapter 107, Family Code, as added by House Bill
655, Acts of the 74th Legislature, Regular Session, 1995, by adding
Section 107.006 as follows:

     Sec. 107.006.  GUARDIAN AD LITEM AND ATTORNEY AD LITEM POOL; 
     QUALIFICATIONS.  (a) Establishes ad litem pools from which
appointments are to be   made and requires persons seeking to be
included in the pool to have completed       a training course
provided by the State Bar of Texas, complete at   least 3 hours a     year of CLE courses in Family Law, and any other requirements
established by the local      Administrative District Judge. 
Mandates compliance within the Houston DPRS Region     and allows
participation in the remainder of the state.

     (b) Requires ad litem to sign an agreement of ad litem
responsibility to be filed with the     local Administrative Judge,
and requires a new agreement to be signed every two years.

     (c) Allows for objection by a litigant upon appointment of an
ad litem or if the ad litem   fails to fulfill responsibilities as
outlined in the written statement of ad litem     responsibilities.


     d) Mandates that all court vouchers for payment for ad litem
fees are subject to Chapter   552 of the Government Code.

     (e) Allows the Bureau of Vital Statistics to compile
information submitted under   subsection (d) for a county that
maintains that information electronically.  Allows for      information compiled under this section to be reported to DPRS.

SECTION 3.  Effective date:  September 1, 1995.  Makes application
of this Act prospective.

SECTION 4.  Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute reflects recodification of Title II, Family Code,
per House Bill 655, Acts of the 74th Legislature, Regular Session,
1995.

SECTION 1. The substitute removes guardian ad litems from Section
1.

SECTION 2. The committee substitute amends Section 107.006 as
follows:

             Requires the Houston DPRS Region to establish ad litem
pools, and adds            permissive language for the remainder of
the state.

             Removes all references to the Attorney General and
provides for training to             be provided by the State Bar
of Texas.

             Deletes Subsections (j) and (k) of the original bill,
and requires ad litem to                       sign and file with
the local Administrative Judge a list of ad litem                       responsibilities every two years.

             Requires ad litem payment vouchers to be subject to
Chapter 552, Government         Code.

             Deletes references to mandatory reporting to the
Attorney General and            substitutes permissive language
allowing the Bureau of Vital Statistics to          compile ad
litem statistics from any county that has said information         computerized.

SUMMARY OF COMMITTEE ACTION

H.B. 2568 was considered by the committee in a public hearing on
April 12, 1995.

The following persons testified in favor of H.B. 2568:

     Norma Willcockson, representing herself;
     Brent Sandbak, representing himself and Texas Fathers;
     Richard G. Eigell, representing himself;
     Patti Derr, representing herself;
     Janice Sager, representing herself;
     Sandra Martin, representing herself;
     Winifred Conlon, representing herself and Texas State Foster
Parents Inc.;
     Daniel Diebott, representing himself;
     Jack Tucker, representing himself and Texas Fathers Alliance.

The following persons testified neutrally on H.B. 2568:

     Howard Baldwin, representing the Department of Protective and
Regulatory Services;
     Robert L. Green Jr., representing himself and Primary
Nurturing Fathers of Texas/Texas
           Fathers Alliance.

The bill was left pending in committee. 

The bill was considered by the committee in a public hearing on May
3, 1995.  The committee considered a complete substitute for the
bill which was adopted without objection.  The bill was reported
favorably as substituted with the recommendation that it do pass
and be printed, by a record vote of 5 ayes, 0 nays, 0 pnv, 4
absent.