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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of counsel in certain suits affecting |
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the parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 107, Family Code, is amended by adding |
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Subchapters E and F to read as follows: |
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SUBCHAPTER E. OFFICE OF FAMILY REPRESENTATION |
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Sec. 107.061. DEFINITIONS. In this subchapter: |
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(1) "Governmental entity" includes a county, a group |
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of counties, a department of a county, an administrative judicial |
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region created by Section 74.042, Government Code, and any entity |
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created under the Interlocal Cooperation Act as permitted by |
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Chapter 791, Government Code. |
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(2) "Office" means an office of family representation |
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created under this subchapter. |
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Sec. 107.062. APPLICABILITY. This subchapter applies to a |
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suit filed by a governmental entity seeking termination of the |
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parent-child relationship or the appointment of a conservator for a |
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child in which appointment of an attorney is required under Section |
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107.012 or 107.013. |
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Sec. 107.063. NONPROFIT FUNDING. This subchapter does not |
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limit or prevent a nonprofit corporation from receiving and using |
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money obtained from other entities to provide legal representation |
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and services as authorized by this subchapter. |
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Sec. 107.064. OFFICE OF FAMILY REPRESENTATION. (a) An |
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office of family representation is an entity that uses public money |
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to provide legal representation and services for a child or parent |
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in a suit filed by a governmental entity seeking termination of the |
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parent-child relationship or the appointment of a conservator for |
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the child in which appointment is mandatory for a child under |
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Section 107.012 or for a parent under Section 107.013. |
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(b) An office may be a governmental entity or a nonprofit |
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corporation operating under a written agreement with a governmental |
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entity, other than an individual judge or court. |
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Sec. 107.065. CREATION OF OFFICE OF FAMILY REPRESENTATION. |
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(a) The commissioners court of any county, on written approval of a |
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judge of a statutory county court or a district court having family |
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law jurisdiction in the county, may create an office of family |
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representation by establishing a department of the county or |
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designating under a contract a nonprofit corporation to perform the |
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duties of an office. |
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(b) The commissioners courts of two or more counties may |
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enter into a written agreement to jointly create and jointly fund a |
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regional office. |
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(c) In creating an office under this section, the |
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commissioners court shall specify or the commissioners courts shall |
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jointly specify, as applicable: |
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(1) the duties of the office; |
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(2) the types of cases to which the office may be |
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appointed under this chapter and the courts in which an attorney |
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employed by the office may be required to appear; |
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(3) if the office is a nonprofit corporation, the term |
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during which the contract designating the office is effective and |
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how that contract may be renewed on expiration of the term; and |
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(4) if an oversight board is established under Section |
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107.071 for the office, the powers and duties that have been |
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delegated to the oversight board. |
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Sec. 107.066. NONPROFIT AS OFFICE. (a) Before contracting |
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with a nonprofit corporation to serve as an office, the |
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commissioners court or commissioners courts, as applicable, must |
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solicit proposals for the office. |
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(b) After considering each proposal for an office submitted |
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by a nonprofit corporation, the commissioners court or |
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commissioners courts, as applicable, shall select a proposal that |
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reasonably demonstrates that the office will provide adequate |
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quality representation for children and parents for whom appointed |
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counsel is required under Section 107.012 or 107.013. |
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(c) The total cost of the proposal may not be the sole |
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consideration in selecting a proposal. |
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Sec. 107.067. PLAN OF OPERATION FOR OFFICE. The applicable |
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commissioners court or commissioners courts shall require a written |
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plan of operation from an entity serving as an office. The plan must |
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include: |
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(1) a budget for the office, including salaries; |
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(2) a description of each personnel position, |
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including the chief counsel position; |
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(3) the maximum allowable caseloads for each attorney |
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employed by the office; |
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(4) provisions for training personnel and attorneys |
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employed by the office; |
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(5) a description of anticipated overhead costs for |
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the office; |
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(6) policies regarding the use of licensed |
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investigators and expert witnesses by the office; and |
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(7) a policy to ensure that the chief of the office and |
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other attorneys employed by the office do not provide |
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representation to a child, a parent, or an alleged father if doing |
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so would create a conflict of interest that has not been waived by |
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the client. |
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Sec. 107.068. OFFICE PERSONNEL. (a) An office must be |
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directed by a chief counsel who: |
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(1) is a member of the State Bar of Texas; |
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(2) has practiced law for at least three years; and |
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(3) has substantial experience in the practice of |
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child welfare law. |
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(b) An office may employ attorneys, licensed investigators, |
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licensed social workers, and other personnel necessary to perform |
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the duties of the office as specified by the commissioners court or |
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commissioners courts. |
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(c) An attorney for the office must comply with any |
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applicable continuing education and training requirements of |
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Sections 107.004 and 107.0131 before accepting representation. |
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(d) Except as authorized by this chapter, the chief counsel |
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and other attorneys employed by an office may not: |
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(1) engage in the private practice of child welfare |
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law; or |
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(2) accept anything of value not authorized by this |
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chapter for services rendered under this chapter. |
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(e) A judge may remove from a case a person who violates |
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Subsection (d). |
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Sec. 107.069. APPOINTMENTS IN COUNTY IN WHICH OFFICE |
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CREATED. (a) If there is an office serving a county, a court in that |
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county shall appoint an attorney from the office in a suit filed in |
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the county by a governmental entity seeking termination of the |
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parent-child relationship or the appointment of a conservator for |
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the child, unless there is a conflict of interest or other reason to |
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appoint a different attorney from the list maintained by the court |
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of attorneys qualified for appointment under Section 107.012 or |
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107.013. |
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(b) An office may not accept an appointment if: |
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(1) a conflict of interest exists; |
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(2) the office has insufficient resources to provide |
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adequate representation; |
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(3) the office is incapable of providing |
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representation in accordance with the rules of professional |
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conduct; or |
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(4) the office shows other good cause for not |
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accepting the appointment. |
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(c) An office may investigate the financial condition of any |
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person the office is appointed to represent under Section 107.013. |
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The office shall report the results of the investigation to the |
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appointing judge. The judge may hold a hearing to determine if the |
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person is indigent and entitled to appointment of representation |
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under Section 107.013. |
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(d) If it is necessary to appoint an attorney who is not |
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employed by an office for one or more parties, the attorney is |
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entitled to the compensation provided by Section 107.015. |
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Sec. 107.070. FUNDING OF OFFICE. (a) An office is entitled |
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to receive money for personnel costs and expenses incurred in |
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operating as an office in amounts set by the commissioners court and |
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paid out of the appropriate county fund, or jointly fixed by the |
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commissioners courts and proportionately paid out of each |
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appropriate county fund if the office serves more than one county. |
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(b) Any fees ordered by the court under Section 107.015 to |
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be paid by a party shall be paid to the office and used for attorney |
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salaries and other administrative costs. |
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Sec. 107.071. OVERSIGHT BOARD. (a) The commissioners court |
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of a county or the commissioners courts of two or more counties may |
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establish an oversight board for an office created in accordance |
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with this subchapter. |
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(b) A commissioners court that establishes an oversight |
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board under this section shall appoint members of the board. |
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Members may include one or more of the following: |
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(1) an attorney with substantial experience in child |
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welfare law; |
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(2) the judge of a trial court having family law |
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jurisdiction in the county or counties for which the office was |
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created; |
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(3) a county commissioner; and |
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(4) a county judge. |
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(c) A commissioners court may delegate to the oversight |
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board any power or duty of the commissioners court to provide |
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oversight of the office under this subchapter, including: |
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(1) recommending selection and removal of a chief |
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counsel of the office; |
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(2) setting policy for the office; and |
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(3) developing a budget proposal for the office. |
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(d) An oversight board established under this section may |
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not access privileged or confidential information. |
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SUBCHAPTER F. MANAGED ASSIGNED COUNSEL PROGRAM |
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Sec. 107.101. DEFINITIONS. In this subchapter: |
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(1) "Governmental entity" includes a county, a group |
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of counties, a department of a county, an administrative judicial |
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region created by Section 74.042, Government Code, and any entity |
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created under the Interlocal Cooperation Act as permitted by |
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Chapter 791, Government Code. |
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(2) "Program" means a managed assigned counsel program |
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created under this subchapter. |
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Sec. 107.102. MANAGED ASSIGNED COUNSEL PROGRAM. (a) A |
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managed assigned counsel program may be operated with public money |
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for the purpose of appointing counsel to provide legal |
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representation and services for a child or parent in a suit filed by |
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a governmental entity seeking termination of the parent-child |
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relationship or the appointment of a conservator for the child in |
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which appointment is mandatory for a child under Section 107.012 or |
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for a parent under Section 107.013. |
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(b) The program may be operated by a governmental entity, |
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nonprofit corporation, or local bar association under a written |
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agreement with a governmental entity, other than an individual |
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judge or court. |
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Sec. 107.103. CREATION OF MANAGED ASSIGNED COUNSEL PROGRAM. |
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(a) The commissioners court of a county, on written approval of a |
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judge of a statutory county court or a district court having family |
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law jurisdiction in the county, may appoint a governmental entity, |
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nonprofit corporation, or local bar association to operate a |
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managed assigned counsel program. |
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(b) The commissioners courts of two or more counties may |
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enter into a written agreement to jointly appoint and fund a |
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governmental entity, nonprofit corporation, or bar association to |
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operate a program. |
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(c) In appointing an entity to operate a program under this |
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section, the commissioners court shall specify or the commissioners |
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courts shall jointly specify: |
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(1) the types of cases in which the program may appoint |
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counsel under this section, and the courts in which the counsel |
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appointed by the program may be required to appear; and |
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(2) the term of any agreement establishing a program |
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and how the agreement may be terminated or renewed. |
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Sec. 107.104. PLAN FOR PROGRAM REQUIRED. The commissioners |
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court or commissioners courts shall require a written plan of |
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operation from an entity operating a program under this section. |
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The plan of operation must include: |
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(1) a budget for the program, including salaries; |
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(2) a description of each personnel position, |
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including the program's director; |
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(3) the maximum allowable caseload for each attorney |
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appointed under the program; |
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(4) provisions for training personnel of the program |
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and attorneys appointed under the program; |
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(5) a description of anticipated overhead costs for |
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the program; |
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(6) a policy regarding licensed investigators and |
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expert witnesses used by attorneys appointed under the program; |
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(7) a policy to ensure that appointments are |
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reasonably and impartially allocated among qualified attorneys; |
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and |
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(8) a policy to ensure that an attorney appointed |
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under the program does not accept appointment in a case that |
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involves a conflict of interest for the attorney. |
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Sec. 107.105. PROGRAM DIRECTOR; PERSONNEL. (a) Unless a |
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program uses a review committee appointed under Section 107.106, a |
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program under this section must be directed by a person who: |
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(1) is a member of the State Bar of Texas; |
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(2) has practiced law for at least three years; and |
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(3) has substantial experience in the practice of |
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child welfare law. |
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(b) A program may employ personnel necessary to perform the |
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duties of the program and enter into contracts necessary to perform |
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the program's duties as specified by the commissioners court or |
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commissioners courts under this section. |
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Sec. 107.106. REVIEW COMMITTEE. (a) The governmental |
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entity, nonprofit corporation, or local bar association operating a |
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program may appoint a review committee of three or more individuals |
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to approve attorneys for inclusion on the program's public |
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appointment list. |
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(b) Each member of the committee: |
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(1) must meet the requirements described by Section |
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107.105(a) for the program director; |
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(2) may not be employed as a prosecutor; and |
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(3) may not be included on or apply for inclusion on |
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the public appointment list. |
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Sec. 107.107. APPOINTMENT FROM PROGRAM'S PUBLIC APPOINTMENT |
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LIST. (a) The judge of a county served by a program shall make any |
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appointment required under Section 107.012 or 107.013 in a suit |
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filed in the county by a governmental entity seeking termination of |
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the parent-child relationship or the appointment of a conservator |
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for the child from the program's public appointment list. |
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(b) The program's public appointment list from which an |
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attorney is appointed under this section must contain the names of |
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qualified attorneys, each of whom: |
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(1) applies to be included on the list; |
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(2) meets any applicable requirements, including any |
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education and training programs required under Sections 107.004 and |
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107.0131; and |
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(3) is approved by the program director or review |
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committee, as applicable. |
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Sec. 107.108. FUNDING OF PROGRAM. (a) A program is entitled |
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to receive money for personnel costs and expenses incurred in |
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amounts set by the commissioners court and paid out of the |
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appropriate county fund or jointly fixed by the commissioners |
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courts and proportionately paid out of each appropriate county fund |
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if the program serves more than one county. |
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(b) An attorney appointed under the program is entitled to |
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reasonable fees as provided by Section 107.015. |
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SECTION 2. This Act takes effect September 1, 2015. |