By Naishtat H.B. No. 1315
75R3191 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to an attorney who represents a ward, guardian, or other
1-3 interested person in certain guardianship proceedings.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 646, Texas Probate Code, is amended to
1-6 read as follows:
1-7 Sec. 646. APPOINTMENT OF ATTORNEY AD LITEM AND INTERPRETER.
1-8 (a) In a proceeding under this chapter for the appointment of a
1-9 guardian for a person other than a missing person, the court shall
1-10 appoint an attorney ad litem to represent the interests of the
1-11 proposed ward. The attorney shall be supplied with copies of all
1-12 of the current records in the case and may have access to all of
1-13 the proposed ward's relevant medical, psychological, and
1-14 intellectual testing records.
1-15 (b) To be eligible for appointment as an attorney ad litem,
1-16 a person must have the certification required by Section 647A of
1-17 this code [be certified by the State Bar of Texas or a person or
1-18 other entity designated by the state bar as having successfully
1-19 completed a course of study in guardianship law and procedure
1-20 sponsored by the state bar or its designee].
1-21 (c) [For certification under Subsection (b) of this section,
1-22 the state bar shall require four hours of credit.]
1-23 [(d) A certificate issued under Subsection (b) of this
1-24 section expires on the second anniversary of the date the
2-1 certificate was issued.] A person whose certificate has expired
2-2 must obtain a new certificate to be eligible for appointment as an
2-3 attorney ad litem.
2-4 (d) [(f)] At the time of the appointment of the attorney ad
2-5 litem, the court shall also appoint a language interpreter or a
2-6 sign interpreter if necessary to ensure effective communication
2-7 between the proposed ward and the attorney.
2-8 SECTION 2. Subpart E, Part 2, Chapter XIII, Texas Probate
2-9 Code, is amended by adding Section 647A to read as follows:
2-10 Sec. 647A. CERTIFICATION REQUIREMENT FOR CERTAIN ATTORNEYS.
2-11 (a) To represent a proposed ward or guardian or other interested
2-12 person at a hearing to appoint a guardian, a person who is licensed
2-13 to practice law in this state must be certified by the State Bar of
2-14 Texas or a person or other entity designated by the state bar as
2-15 having successfully completed a course of study in guardianship law
2-16 and procedure sponsored by the state bar or its designee.
2-17 (b) For certification under this section, the state bar
2-18 shall require four hours of credit.
2-19 (c) Except as provided by Subsection (e) of this section, a
2-20 certificate issued under this section expires on the second
2-21 anniversary of the date the certificate is issued.
2-22 (d) An attorney whose certificate has expired must obtain a
2-23 new certificate to be eligible to represent a person described by
2-24 Subsection (a) of this section at a hearing to appoint a guardian.
2-25 (e) A new certificate obtained by a person who previously
2-26 has been issued a certificate under this section expires on the
2-27 fourth anniversary of the date the new certificate is issued if the
3-1 person has been certified each of the four years immediately
3-2 preceding the date the new certificate is issued.
3-3 SECTION 3. This Act takes effect September 1, 1997, and
3-4 applies only to a proceeding for the appointment of a guardian that
3-5 is instituted on or after that date. A proceeding for the
3-6 appointment of a guardian that is instituted before the effective
3-7 date of this Act is governed by the law in effect on the date the
3-8 proceeding was instituted, and the former law is continued in
3-9 effect for that purpose.
3-10 SECTION 4. 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.