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.