SRC-ARR H.B. 919 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 919
76R1953 KLA-DBy: Naishtat (Ellis)
Jurisprudence
5/4/1999
Engrossed


DIGEST 

Currently, a court-appointed attorney in any guardianship proceeding must
complete a four-hour course of study in guardianship law and procedure to
be eligible for court appointment, and newly certified attorneys are
required to be recertified every two years. H.B. 919 would set forth
certain requirements for an attorney who represents a ward, proposed ward,
guardian, or other interested person in certain guardianship proceedings. 

PURPOSE

As proposed, H.B. 919 sets forth certain requirements for an attorney who
represents a ward, proposed ward, guardian, or other interested person in
certain guardianship proceedings.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 646, Texas Probate Code, to require a person to
have the certification required by Section 647A of this code to be eligible
for appointment as an attorney ad litem, rather than be certified by the
State Bar of Texas or certain persons. Makes conforming changes.  

SECTION 2. Amends Part 2E, Chapter XIII, Texas Probate Code, by adding
Section 647A, as follows: 

Sec. 647A. CERTIFICATION REQUIREMENT FOR CERTAIN COURT-APPOINTED ATTORNEYS.
Requires a court appointed attorney in any guardianship proceeding to be
certified by the State Bar of Texas (state bar) or a person or other entity
designated by the state bar as having successfully completed a course of
study in guardianship law and procedure sponsored by the state bar or its
designee. Requires the state bar to require three hours of credit, for
certification under this section. Provides that a certificate issued under
this section expires on the second anniversary of the date the certificate
is issued, except as provided by Subsection (e) of this section. Requires
an attorney whose certificate has expired to obtain a new certificate, to
be eligible to be appointed by a court to represent a person at a
guardianship proceeding. Provides that a new certificate obtained by a
person who previously has been issued a certificate under this section
expires on the fourth anniversary of the date the new certificate is issued
if the person has been certified each of the four years immediately
preceding the date the new certificate is issued.  

SECTION 3. Provides that this Act applies to guardianship proceedings for
which a court has appointed an attorney to represent the interests of a
ward or other person on or after the effective date of this Act or before
the effective date of this Act if the proceeding is pending on the
effective date of this Act.  

SECTION 4. Effective date: September 1, 1999.

SECTION 5. Emergency clause.