1-1     By:  Naishtat (Senate Sponsor - Ellis)                 H.B. No. 919
 1-2           (In the Senate - Received from the House April 19, 1999;
 1-3     April 20, 1999, read first time and referred to Committee on
 1-4     Jurisprudence; May 11, 1999, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; May 11, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to an attorney who represents a ward, proposed ward,
 1-9     guardian, or other interested person in certain guardianship
1-10     proceedings.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 646, Texas Probate Code, is amended to
1-13     read as follows:
1-14           Sec. 646.  APPOINTMENT OF ATTORNEY AD LITEM AND INTERPRETER.
1-15     (a)  In a proceeding under this chapter for the appointment of a
1-16     guardian [for a person other than a missing person], the court
1-17     shall appoint an attorney ad litem to represent the interests of
1-18     the proposed ward.  The attorney shall be supplied with copies of
1-19     all of the current records in the case and may have access to all
1-20     of the proposed ward's relevant medical, psychological, and
1-21     intellectual testing records.
1-22           (b)  To be eligible for appointment as an attorney ad litem,
1-23     a person must have the certification required by Section 647A of
1-24     this code [be certified by the State Bar of Texas or a person or
1-25     other entity designated by the state bar as having successfully
1-26     completed a course of study in guardianship law and procedure
1-27     sponsored by the state bar or its designee].
1-28           (c)  [For certification under Subsection (b) of this section,
1-29     the state bar shall require four hours of credit.]
1-30           [(d)  A certificate issued under Subsection (b) of this
1-31     section expires on the second anniversary of the date the
1-32     certificate was issued.]  A person whose certificate has expired
1-33     must obtain a new certificate to be eligible for appointment as an
1-34     attorney ad litem.
1-35           (d) [(f)]  At the time of the appointment of the attorney ad
1-36     litem, the court shall also appoint a language interpreter or a
1-37     sign interpreter if necessary to ensure effective communication
1-38     between the proposed ward and the attorney.
1-39           SECTION 2.  Subpart E, Part 2, Chapter XIII, Texas Probate
1-40     Code, is amended by adding Section 647A to read as follows:
1-41           Sec. 647A.  CERTIFICATION REQUIREMENT FOR CERTAIN
1-42     COURT-APPOINTED ATTORNEYS.  (a)  A court-appointed attorney in any
1-43     guardianship proceeding must be certified by the State Bar of Texas
1-44     or a person or other entity designated by the state bar as having
1-45     successfully completed a course of study in guardianship law and
1-46     procedure sponsored by the state bar or its designee.
1-47           (b)  For certification under this section, the state bar
1-48     shall require three hours of credit.
1-49           (c)  Except as provided by Subsection (e) of this section, a
1-50     certificate issued under this section expires on the second
1-51     anniversary of the date the certificate is issued.
1-52           (d)  To be eligible to be appointed by a court to represent a
1-53     person at a guardianship proceeding, an attorney whose certificate
1-54     has expired must obtain a new certificate.
1-55           (e)  A new certificate obtained by a person who previously
1-56     has been issued a certificate under this section expires on the
1-57     fourth anniversary of the date the new certificate is issued if the
1-58     person has been certified each of the four years immediately
1-59     preceding the date the new certificate is issued.
1-60           SECTION 3.  This Act applies only to guardianship proceedings
1-61     for which a court has appointed an attorney to represent the
1-62     interests of a ward or other person:
1-63                 (1)  on or after the effective date of this Act; or
1-64                 (2)  before the effective date of this Act if the
 2-1     proceeding is pending on the effective date of this Act.
 2-2           SECTION 4.  This Act takes effect September 1, 1999.
 2-3           SECTION 5.  The importance of this legislation and the
 2-4     crowded condition of the calendars in both houses create an
 2-5     emergency and an imperative public necessity that the
 2-6     constitutional rule requiring bills to be read on three several
 2-7     days in each house be suspended, and this rule is hereby suspended.
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