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.