By Brady H.B. No. 2568
74R7707 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the practice and regulation of attorneys and guardians
1-3 ad litem.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.10, Family Code, is amended by adding
1-6 Subsections (f)-(l) to read as follows:
1-7 (f) Notwithstanding any other provision of this code, a
1-8 court is not required to appoint a guardian ad litem or attorney ad
1-9 litem in a proceeding in which:
1-10 (1) a suit for the dissolution of a marriage is
1-11 uncontested; or
1-12 (2) the issues of possession of and access to a child
1-13 are agreed to by both parents.
1-14 (g) The local administrative district judge in each county
1-15 shall establish a pool from which guardians ad litem and attorneys
1-16 ad litem are appointed for proceedings in the district courts of
1-17 the county. To be eligible for the pool established under this
1-18 subsection, a person must:
1-19 (1) complete training provided by the attorney
1-20 general's office in family law and the responsibilities of ad
1-21 litems; and
1-22 (2) meet other requirements established by the local
1-23 administrative district judge.
1-24 (h) Before appointment as a guardian ad litem or attorney ad
2-1 litem, the person must understand and sign a written agreement
2-2 containing information on the responsibilities of an ad litem.
2-3 (i) A party to a proceeding in which a person is appointed
2-4 as a guardian ad litem or attorney ad litem may object to
2-5 appointment of the person at any time before the date of the trial
2-6 of the proceeding. A party may object under this subsection on the
2-7 grounds that the party believes that the person appointed lacks
2-8 objectivity or is failing to fulfill the person's responsibilities
2-9 as an ad litem.
2-10 (j) At the conclusion of a proceeding in which a person is
2-11 appointed as a guardian ad litem or attorney ad litem, the parties
2-12 to the proceeding may complete an evaluation form regarding the
2-13 performance of the ad litem. The results compiled from the
2-14 evaluation forms shall be reported to the attorney general and are
2-15 subject to Chapter 552, Government Code.
2-16 (k) The attorney general shall establish uniform fee
2-17 schedules, fee reporting forms, time sheets, and work summaries to
2-18 be used by a guardian ad litem or attorney ad litem appointed under
2-19 this code. Fee reporting forms, time sheets, and work summaries
2-20 completed by an ad litem shall be sent to the attorney general at
2-21 the conclusion of the proceeding for which the ad litem is
2-22 appointed. Information under this section is subject to Chapter
2-23 552, Government Code.
2-24 (l) The attorney general shall prepare a report from the
2-25 information sent to the attorney general under this section. The
2-26 report under this subsection must be completed on or before January
2-27 1, 1997, and sent to the Department of Protective and Regulatory
3-1 Services and the legislature. This subsection expires January 2,
3-2 1997.
3-3 SECTION 2. (a) This Act takes effect September 1, 1995.
3-4 (b) The change in law made by this Act regarding the
3-5 appointment of a guardian ad litem or attorney ad litem applies
3-6 only to a proceeding commenced on or after that date. A proceeding
3-7 commenced before the effective date of this Act is governed by the
3-8 law in effect at the time the proceeding was commenced, and the
3-9 former law is continued in effect for that purpose.
3-10 SECTION 3. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.