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.