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.
2-8 * * * * *