BILL ANALYSIS
Senate Research Center S.B. 1369
81R8905 YDB-F By: Lucio
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Current law does not set forth a system for appointing attorneys ad litem in civil cases. There needs to be a system in place that is fair, efficient, and equitable.
As proposed, S.B. 1369 requires the local administrative judge to establish and maintain a list of all the attorneys who are qualified to serve and who have registered to serve as an attorney ad litem at a court for which the judge maintaining the list serves as local administrative judge. The bill requires a court to appoint the attorney whose name appears first on the list when the appointment of an attorney ad litem is necessary in a case and authorizes the court, a case involves special circumstances that require the expertise of a certain lawyer, the court has the discretion to appoint an attorney who possesses the relevant specialized education, training, certification, or skills, even though the attorney is not first on the list.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 74.092, Government Code, as follows:
Sec. 74.092. DUTIES OF LOCAL ADMINISTRATIVE JUDGE. (a) Creates this subsection from existing text. Requires a local administrative judge, for the courts for which the judge serves as local administrative judge, to establish and maintain a list of all attorneys qualified to serve as an attorney ad litem. Makes nonsubstantive changes.
(b) Requires that a list of attorneys ad litem maintained under Subsection (a)(11) to contain the names of all attorneys who meet any statutory or other requirements to serve as an attorney ad litem and have registered to serve as attorney ad litem with a court for which the judge maintaining the list serves as local administrative judge.
SECTION 2. Amends Subchapter D, Chapter 74, Government Code, by adding Section 74.098, as follows:
Sec. 74.098. APPOINTMENT OF ATTORNEYS AD LITEM; MAINTENANCE OF LIST. (a) Requires a court, except as provided by Subsection (b), in each case in which the appointment of an attorney ad litem is necessary, to appoint the attorney whose name appears first on the list of attorneys ad litem maintained by the local administrative judge for that court as required by Section 74.092.
(b) Authorizes the court to appoint an attorney included on the list whose name does not appear first on the list or an attorney not included on the list if the appointment of that attorney as attorney ad litem is required on a complex matter because the attorney possesses relevant specialized education, training, certification, or skill; made pursuant to the Family Code, Health and Safety Code, Human Resources Code, Texas Trust Code (Subtitle B, Title 9, Property Code), or Texas Probate Code; or agreed on by the parties and approved by the court.
(c) Requires the local administrative judge to place an attorney's name at the end of the list after that attorney has been appointed as an attorney ad litem from the list.
SECTION 3. Requires each local administrative judge, not later than December 1, 2009, to establish a list of attorneys registered and qualified to serve as attorney ad litem in a court for which the judge serves as local administrative judge as required by Section 74.092, Government Code, as amended by this Act.
SECTION 4. Makes application of this Act prospective to December 1, 2009.
SECTION 5. Effective date: September 1, 2009.