SRC-SLL S.B. 1525 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1525
By: Lucio
Jurisprudence
4-17-97
As Filed


DIGEST 

Currently, there are no state regulations regarding the appointment of a
guardian ad litem in certain civil actions.  This bill will provide a fair
and equitable manner by which to appoint guardian ad litems and attorney
ad litems in civil actions involving personal injury or wrongful death
claims. This bill will provide procedures relating to the appointment of a
guardian ad litem in certain civil actions. 

PURPOSE

As proposed, S.B. 1525 provides procedures relating to the appointment of
a guardian ad litem in certain civil actions. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 6, Civil Practice and Remedies Code, by adding
Chapter 144, as follows: 

CHAPTER 144.  GUARDIAN AD LITEM APPOINTMENTS IN CERTAIN MATTERS

Sec.  144.001.  APPOINTMENT OF GUARDIAN AD LITEM IN CERTAIN CIVIL ACTIONS.
Requires the district clerk, notwithstanding any other law, to appoint a
guardian ad litem to represent the interests of each minor in an action
for personal injury or wrongful death instituted in a district court of
the county.  Sets forth procedures for appointing an attorney or nonprofit
corporation as guardian ad litem.  Provides that to the extent any
conflict between this section and Rule 173, Texas Rules of Civil
Procedure, this section controls.  Prohibits the supreme court,
notwithstanding Section 22.004, Government Code, from amending or adopting
rules in conflict with this section. 

Sec.  144.002.  CERTIFICATION OF CERTAIN NONPROFIT CORPORATION FOR
APPOINTMENT AS GUARDIAN AD LITEM.  Requires a district clerk of a county
to approve and certify a legal services corporation to be appointed as a
guardian ad litem under Section 144.001 on  application by the corporation
and presentation to the district clerk of satisfactory proof that the
corporation meets certain criteria. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.