By Wise                                                H.B. No. 466
         76R2337 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.  Sections 107.001(c)-(f), Family Code, are amended
 1-5     to read as follows:
 1-6           (c)  The court or an associate judge shall appoint a guardian
 1-7     ad litem to represent the interests of a child younger than 16
 1-8     years of age in any proceeding in which:
 1-9                 (1)  possession of or access to the child is in
1-10     dispute; and
1-11                 (2)  abuse or neglect of the child is alleged.
1-12           (d)  In any other suit, the court or an associate judge may
1-13     appoint a guardian  ad litem.
1-14           (e) [(d)]  A guardian ad litem appointed under this section
1-15     may be an attorney, a volunteer advocate appointed under Section
1-16     107.031, or another adult having the competence, training, and
1-17     expertise determined by the court to be sufficient to represent the
1-18     best interests of the child.
1-19           (f) [(e)]  The managing conservator may be appointed guardian
1-20     ad litem if the managing conservator:
1-21                 (1)  is not a parent of the child or a person
1-22     petitioning for adoption of the child; and
1-23                 (2)  has no personal interest in the suit.
1-24           (g) [(f)]  A guardian ad litem shall be appointed to
 2-1     represent any other person entitled to service of citation under
 2-2     this code if the person is incompetent or a child, unless the
 2-3     person has executed an affidavit of relinquishment of parental
 2-4     rights or an affidavit of waiver of interest in child containing a
 2-5     waiver of service of citation.
 2-6           SECTION 2.  Article 56.02, Code of Criminal Procedure, is
 2-7     amended by adding  Subsection (e) to read as follows:
 2-8           (e)  A victim younger than 16 years of age who is a
 2-9     complaining witness in a criminal proceeding is entitled to have
2-10     the court appoint  a guardian ad litem to represent the interests
2-11     of the victim on request by the victim.  The court shall instruct
2-12     the guardian ad litem of the ad litem's duties.
2-13           SECTION 3.  (a)  This Act takes effect September 1, 1999.
2-14           (b)  The change to Section 107.001, Family Code, made by this
2-15     Act applies onlyto a suit affecting the parent-child relationship
2-16     filed on or after the effective date of this Act.  A suit filed
2-17     before the effective date of this Act is governed by the law in
2-18     effect on the date the suit was filed, and the former law is
2-19     continued in effect for that purpose.
2-20           (c)  The change to Article 56.02, Code of Criminal Procedure,
2-21     made by this Act applies to a criminal proceeding pending on or
2-22     commencing on or after the effective date of this Act.
2-23           SECTION 4.  The importance of this legislation and the
2-24     crowded condition of the calendars in both houses create an
2-25     emergency and an imperative public necessity that the
2-26     constitutional rule requiring bills to be read on three several
2-27     days in each house be suspended, and this rule is hereby suspended.