By Wise H.B. No. 2369
75R6061 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to appointing a guardian ad litem for certain children.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 107.001, Family Code, is amended to read
1-5 as follows:
1-6 Sec. 107.001. APPOINTMENT OF GUARDIAN AD LITEM. (a) In a
1-7 suit in which termination of the parent-child relationship is
1-8 requested, the court or an associate judge shall appoint a guardian
1-9 ad litem to represent the interests of the child immediately after
1-10 the filing of the petition but before the full adversary hearing to
1-11 ensure adequate representation of the child, unless:
1-12 (1) the child is a petitioner;
1-13 (2) an attorney ad litem has been appointed for the
1-14 child; or
1-15 (3) the court or an associate judge finds that the
1-16 interests of the child will be represented adequately by a party to
1-17 the suit and are not adverse to that party.
1-18 (b) The court or an associate judge shall appoint a guardian
1-19 ad litem to represent the interests of a child younger than 16
1-20 years of age in any proceeding in which:
1-21 (1) possession of or access to the child is in
1-22 dispute; and
1-23 (2) abuse or neglect of the child is alleged.
1-24 (c) In any other suit, the court or an associate judge may
2-1 appoint a guardian ad litem.
2-2 (d) [(c)] The managing conservator may be appointed guardian
2-3 ad litem if the managing conservator is not a parent of the child
2-4 or a person petitioning for adoption of the child and has no
2-5 personal interest in the suit.
2-6 (e) [(d)] A guardian ad litem shall be appointed to
2-7 represent any other person entitled to service of citation under
2-8 this code if the person is incompetent or a child, unless the
2-9 person has executed an affidavit of relinquishment of parental
2-10 rights or an affidavit of waiver of interest in child containing a
2-11 waiver of service of citation.
2-12 SECTION 2. Article 56.02, Code of Criminal Procedure, is
2-13 amended by adding Subsection (e) to read as follows:
2-14 (e) A victim younger than 16 years of age who is a
2-15 complaining witness in a criminal proceeding is entitled to have
2-16 the court appoint a guardian ad litem to represent the interests of
2-17 the victim on request by the victim. The court shall instruct the
2-18 guardian ad litem of the ad litem's duties.
2-19 SECTION 3. This Act takes effect September 1, 1997, and
2-20 applies to a suit affecting the parent-child relationship filed on
2-21 or after that date.
2-22 SECTION 4. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.