By Goodman                                             H.B. No. 847
         77R1232 KSD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to special appointments in suits affecting the
 1-3     parent-child relationship.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 107.001, Family Code, is amended by
 1-6     adding Subsection (g) to read as follows:
 1-7           (g)  A guardian ad litem appointed under this section who is
 1-8     an attorney is presumed to be providing legal services on behalf of
 1-9     the child, notwithstanding the title assigned to the attorney in
1-10     the order of appointment. If a court intends for an attorney to
1-11     serve solely as guardian ad litem without providing legal services
1-12     on behalf of the child, the order of appointment must specifically
1-13     state that intent.  An attorney appointed solely as guardian ad
1-14     litem has only the powers and duties specified for a guardian ad
1-15     litem who is not an attorney, including the right to testify in
1-16     court.
1-17           SECTION 2.  Section 107.002, Family Code, is amended by
1-18     amending Subsections (d) and (e) and adding Subsection (g) to read
1-19     as follows:
1-20           (d)  An attorney who is appointed as guardian ad litem for a
1-21     child and is providing legal services on behalf of the child
1-22     [appointed as attorney ad litem and guardian ad litem for a child]
1-23     may not testify under Subsection (c)(6).
1-24           (e)  An attorney who is appointed as guardian ad litem for a
 2-1     child and is providing legal services on behalf of the child
 2-2     [appointed as attorney ad litem and guardian ad litem for a child]
 2-3     shall:
 2-4                 (1)  become familiar with the American Bar
 2-5     Association's standards of practice for lawyers who represent
 2-6     children in abuse and neglect cases; and
 2-7                 (2)  comply with the requirements of the Texas
 2-8     Disciplinary Rules of Professional Conduct.
 2-9           (g)  An attorney appointed solely as guardian ad litem for a
2-10     child may not provide legal services or call, examine, or
2-11     cross-examine witnesses.
2-12           SECTION 3.  Section 107.003(a), Family Code, is amended to
2-13     read as follows:
2-14           (a)  A guardian ad litem appointed under this subchapter, an
2-15     attorney appointed as guardian ad litem who is providing legal
2-16     services on behalf of a child under this subchapter, or an attorney
2-17     ad litem appointed under Subchapter B is not liable for civil
2-18     damages arising from a recommendation made or an opinion given in
2-19     the capacity of guardian ad litem or attorney ad litem.
2-20           SECTION 4.  Subchapter A, Chapter 107, Family Code, is
2-21     amended by adding Section 107.007 to read as follows:
2-22           Sec. 107.007.  GUARDIAN AD LITEM FEES.  (a)  Unless the
2-23     guardian ad litem appointed for a child under this subchapter is a
2-24     volunteer advocate or an attorney providing legal services on
2-25     behalf of the child, the court shall allow the guardian a
2-26     reasonable fee, to be assessed as costs.
2-27           (b)  An attorney who is appointed as guardian ad litem and is
 3-1     providing legal services on behalf of a child under this chapter
 3-2     shall be paid as provided by Section 107.015.
 3-3           (c)  An attorney appointed solely as guardian ad litem under
 3-4     this subchapter shall, if compensated, be paid the rate a person
 3-5     who is not an attorney would receive for the same or similar
 3-6     services.
 3-7           (d)  The court may not award a guardian ad litem fee under
 3-8     this chapter against the state, a state agency, or a political
 3-9     subdivision of the state.
3-10           SECTION 5.  Subchapter B, Chapter 107, Family Code, is
3-11     amended by adding Section 107.0115 to read as follows:
3-12           Sec. 107.0115.  DETERMINATION OF ROLE OF ATTORNEY AD LITEM
3-13     FOR CHILD.  (a)  In each order of appointment under this chapter in
3-14     which an attorney is appointed to provide legal services on behalf
3-15     of a child, the court shall specify whether the attorney shall:
3-16                 (1)  assist the court in protecting the child's best
3-17     interests; or
3-18                 (2)  advocate for the child's desires.
3-19           (b)  If the court fails to specify the role of an attorney
3-20     appointed to provide legal services on behalf of a child, the
3-21     attorney shall assist the court in protecting the child's best
3-22     interests.
3-23           (c)  An attorney appointed to advocate for the child's
3-24     desires shall make a good faith effort to determine and advocate
3-25     for the objectives established by the child, without regard to the
3-26     child's best interests.
3-27           (d)  Unless otherwise directed by the child, an attorney
 4-1     appointed to provide legal services on behalf of a child shall
 4-2     ensure that the child's preferences, opinions, and desires are
 4-3     brought to the attention of the court, regardless of whether the
 4-4     attorney believes those preferences, opinions, or desires are in
 4-5     the child's best interests.
 4-6           SECTION 6. Section 107.014, Family Code, is amended by adding
 4-7     Subsection (c) to read as follows:
 4-8           (c)  An attorney ad litem whose role is to assist the court
 4-9     in protecting the child's best interests shall have, in addition to
4-10     the powers and duties specified in Subsections (a) and (b), the
4-11     duty to:
4-12                 (1)  ensure that all evidence bearing on the child's
4-13     best interests is presented to the court, including evidence
4-14     relating to the present or future physical, mental, emotional,
4-15     educational, social, disciplinary, and developmental needs of the
4-16     child;
4-17                 (2)  provide legal services necessary to assist the
4-18     court in protecting the child;
4-19                 (3)  take any action necessary to expedite the
4-20     proceedings and to encourage settlement to reduce trauma to the
4-21     child; and
4-22                 (4)  bring to the attention of the court facts that may
4-23     bear on the advisability of a proposed settlement of the suit.
4-24           SECTION 7. (a)  This Act takes effect September 1, 2001.
4-25           (b)  The change in law made by this Act applies only to a
4-26     suit affecting the parent-child relationship filed on or after the
4-27     effective date of this Act.  A suit filed before the effective date
 5-1     of this Act is governed by the law in effect on the date the suit
 5-2     was filed, and the former law is continued in effect for that
 5-3     purpose.