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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of attorneys ad litem. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.092, Government Code, is amended to |
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read as follows: |
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Sec. 74.092. DUTIES OF LOCAL ADMINISTRATIVE JUDGE. (a) A |
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local administrative judge, for the courts for which the judge |
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serves as local administrative judge, shall: |
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(1) implement and execute the local rules of |
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administration, including the assignment, docketing, transfer, and |
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hearing of cases; |
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(2) appoint any special or standing committees |
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necessary or desirable for court management and administration; |
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(3) promulgate local rules of administration if the |
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other judges do not act by a majority vote; |
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(4) recommend to the regional presiding judge any |
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needs for assignment from outside the county to dispose of court |
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caseloads; |
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(5) supervise the expeditious movement of court |
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caseloads, subject to local, regional, and state rules of |
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administration; |
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(6) provide the supreme court and the office of court |
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administration requested statistical and management information; |
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(7) set the hours and places for holding court in the |
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county; |
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(8) supervise the employment and performance of |
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nonjudicial personnel; |
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(9) supervise the budget and fiscal matters of the |
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local courts, subject to local rules of administration; |
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(10) coordinate and cooperate with any other local |
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administrative judge in the district in the assignment of cases in |
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the courts' concurrent jurisdiction for the efficient operation of |
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the court system and the effective administration of justice; [and] |
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(11) establish and maintain a list of all attorneys |
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qualified to serve as an attorney ad litem; and |
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(12) perform other duties as may be directed by the |
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chief justice or a regional presiding judge. |
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(b) A list of attorneys ad litem maintained under Subsection |
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(a)(11) must contain the names of all attorneys who: |
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(1) meet any statutory or other requirements to serve |
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as an attorney ad litem; and |
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(2) have registered to serve as attorney ad litem with |
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a court for which the judge maintaining the list serves as local |
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administrative judge. |
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SECTION 2. Subchapter D, Chapter 74, Government Code, is |
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amended by adding Section 74.098 to read as follows: |
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Sec. 74.098. APPOINTMENT OF ATTORNEYS AD LITEM; MAINTENANCE |
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OF LIST. (a) Except as provided by Subsection (b), in each case in |
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which the appointment of an attorney ad litem is necessary, a court |
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shall appoint the attorney whose name appears first on the list of |
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attorneys ad litem maintained by the local administrative judge for |
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that court as required by Section 74.092. |
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(b) The court may appoint an attorney included on the list |
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whose name does not appear first on the list or an attorney not |
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included on the list if the appointment of that attorney as attorney |
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ad litem is: |
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(1) required on a complex matter because the attorney |
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possesses relevant specialized education, training, certification, |
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or skill; |
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(2) made pursuant to the Family Code, Health and |
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Safety Code, Human Resources Code, Texas Trust Code (Subtitle B, |
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Title 9, Property Code), or Texas Probate Code; or |
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(3) agreed on by the parties and approved by the court. |
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(c) After an attorney has been appointed as an attorney ad |
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litem from the list, the local administrative judge shall place |
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that attorney's name at the end of the list. |
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SECTION 3. Not later than December 1, 2009, each local |
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administrative judge shall establish a list of attorneys registered |
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and qualified to serve as attorney ad litem in a court for which the |
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judge serves as local administrative judge as required by Section |
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74.092, Government Code, as amended by this Act. |
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SECTION 4. The change in law made by this Act applies only |
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to the appointment of an attorney ad litem on or after December 1, |
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2009. |
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SECTION 5. This Act takes effect September 1, 2009. |
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* * * * * |