By Lucio S.B. No. 1525
75R5545 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment of a guardian ad litem in certain civil
1-3 actions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 6, Civil Practice and Remedies Code, is
1-6 amended by adding Chapter 144 to read as follows:
1-7 CHAPTER 144. GUARDIAN AD LITEM APPOINTMENTS IN CERTAIN MATTERS
1-8 Sec. 144.001. APPOINTMENT OF GUARDIAN AD LITEM IN CERTAIN
1-9 CIVIL ACTIONS. (a) Notwithstanding any other law, the district
1-10 clerk shall appoint a guardian ad litem to represent the interests
1-11 of each minor in an action for personal injury or wrongful death
1-12 instituted in a district court of the county.
1-13 (b) The district clerk shall establish a procedure by which
1-14 each attorney licensed to practice in this state must place the
1-15 attorney's name in numerical order on a list of eligible appointees
1-16 before the attorney is eligible for appointment as a guardian ad
1-17 litem under this section.
1-18 (c) Except as provided by Subsection (d), if an attorney is
1-19 to be appointed guardian ad litem under this section, the district
1-20 clerk of a county shall appoint the attorney whose name appears
1-21 first on the list established under Subsection (b). On appointment
1-22 of an attorney or on failure of an attorney to qualify, the
1-23 district clerk shall delete the attorney's name from the list, and
1-24 the attorney must resubmit his name to the district clerk for
2-1 placement on the list to be eligible for appointment as a guardian
2-2 ad litem of another minor under this section.
2-3 (d) A nonprofit corporation that is certified by the
2-4 district clerk under Section 144.002 is entitled to a preference
2-5 in the appointment of a guardian ad litem under this section. The
2-6 district court shall make the appointment under this subsection in
2-7 the same manner an individual attorney is appointed under this
2-8 section.
2-9 (e) To the extent of any conflict between this section and
2-10 Rule 173, Texas Rules of Civil Procedure, this section controls.
2-11 Notwithstanding Section 22.004, Government Code, the supreme court
2-12 may not amend or adopt rules in conflict with this section.
2-13 Sec. 144.002. CERTIFICATION OF CERTAIN NONPROFIT CORPORATION
2-14 FOR APPOINTMENT AS GUARDIAN AD LITEM. A district clerk of a county
2-15 shall approve and certify a legal services corporation to be
2-16 appointed as a guardian ad litem under Section 144.001 on
2-17 application by the corporation and presentation to the district
2-18 clerk of satisfactory proof that the corporation:
2-19 (1) is organized and operates primarily to provide
2-20 legal services for minors and other persons who need a guardian ad
2-21 litem appointed to represent their interests in a court proceeding;
2-22 (2) is formed by four or more attorneys licensed to
2-23 practice in this state;
2-24 (3) is organized as a nonprofit corporation under the
2-25 Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,
2-26 Vernon's Texas Civil Statutes) and Section 501(c)(3), Internal
2-27 Revenue Code of 1986 (26 U.S.C. Section 501(c)(3)); and
3-1 (4) provides legal services free of charge or by
3-2 charter, bylaw, or other regulation adopted by the corporation to
3-3 govern its affairs, pledges to donate legal fees charged and
3-4 received by the corporation to a charitable organization that is
3-5 organized to provide assistance to the youth of the county in which
3-6 the corporation is located.
3-7 SECTION 2. This Act takes effect September 1, 1997.
3-8 SECTION 3. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.