1-1 AN ACT
1-2 relating to an attorney who represents a ward, proposed ward,
1-3 guardian, or other interested person in certain guardianship
1-4 proceedings.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 646, Texas Probate Code, is amended to
1-7 read as follows:
1-8 Sec. 646. APPOINTMENT OF ATTORNEY AD LITEM AND INTERPRETER.
1-9 (a) In a proceeding under this chapter for the appointment of a
1-10 guardian [for a person other than a missing person], the court
1-11 shall appoint an attorney ad litem to represent the interests of
1-12 the proposed ward. The attorney shall be supplied with copies of
1-13 all of the current records in the case and may have access to all
1-14 of the proposed ward's relevant medical, psychological, and
1-15 intellectual testing records.
1-16 (b) To be eligible for appointment as an attorney ad litem,
1-17 a person must have the certification required by Section 647A of
1-18 this code [be certified by the State Bar of Texas or a person or
1-19 other entity designated by the state bar as having successfully
1-20 completed a course of study in guardianship law and procedure
1-21 sponsored by the state bar or its designee].
1-22 (c) [For certification under Subsection (b) of this section,
1-23 the state bar shall require four hours of credit.]
1-24 [(d) A certificate issued under Subsection (b) of this
2-1 section expires on the second anniversary of the date the
2-2 certificate was issued.] A person whose certificate has expired
2-3 must obtain a new certificate to be eligible for appointment as an
2-4 attorney ad litem.
2-5 (d) [(f)] At the time of the appointment of the attorney ad
2-6 litem, the court shall also appoint a language interpreter or a
2-7 sign interpreter if necessary to ensure effective communication
2-8 between the proposed ward and the attorney.
2-9 SECTION 2. Subpart E, Part 2, Chapter XIII, Texas Probate
2-10 Code, is amended by adding Section 647A to read as follows:
2-11 Sec. 647A. CERTIFICATION REQUIREMENT FOR CERTAIN
2-12 COURT-APPOINTED ATTORNEYS. (a) A court-appointed attorney in any
2-13 guardianship proceeding must be certified by the State Bar of Texas
2-14 or a person or other entity designated by the state bar as having
2-15 successfully completed a course of study in guardianship law and
2-16 procedure sponsored by the state bar or its designee.
2-17 (b) For certification under this section, the state bar
2-18 shall require three hours of credit.
2-19 (c) Except as provided by Subsection (e) of this section, a
2-20 certificate issued under this section expires on the second
2-21 anniversary of the date the certificate is issued.
2-22 (d) To be eligible to be appointed by a court to represent a
2-23 person at a guardianship proceeding, an attorney whose certificate
2-24 has expired must obtain a new certificate.
2-25 (e) A new certificate obtained by a person who previously
2-26 has been issued a certificate under this section expires on the
2-27 fourth anniversary of the date the new certificate is issued if the
3-1 person has been certified each of the four years immediately
3-2 preceding the date the new certificate is issued.
3-3 SECTION 3. This Act applies only to guardianship proceedings
3-4 for which a court has appointed an attorney to represent the
3-5 interests of a ward or other person:
3-6 (1) on or after the effective date of this Act; or
3-7 (2) before the effective date of this Act if the
3-8 proceeding is pending on the effective date of this Act.
3-9 SECTION 4. This Act takes effect September 1, 1999.
3-10 SECTION 5. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 919 was passed by the House on April
16, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 919 was passed by the Senate on May
20, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor