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.