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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of guardians ad litem and guardians. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.004, Government Code, is amended by |
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amending Subsections (a), (c), and (d) and adding Subsection (a-1) |
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to read as follows: |
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(a) Except as provided by Subsections (c) and (d), in each |
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case in which the appointment of an attorney ad litem[, guardian ad
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litem, or guardian] is necessary, a court using a rotation system |
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shall appoint the person whose name appears first on the applicable |
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list maintained by the court as required by Section 37.003. |
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(a-1) Except as provided by Subsections (c) and (d), in each |
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case in which the appointment of a guardian ad litem or guardian is |
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necessary, a court using a rotation system shall appoint the person |
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from among the next five names on the applicable list maintained by |
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the court as required by Section 37.003 in the order in which the |
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persons' names appear on the list. |
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(c) The court may appoint a person included on the |
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applicable list whose name does not appear first on the list or |
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whose name does not appear among the next five names on the list, as |
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applicable, or a person who meets statutory or other requirements |
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to serve and who is not included on the list, if the appointment of |
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that person as attorney ad litem, guardian ad litem, or guardian is |
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agreed on by the parties and approved by the court. |
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(d) On finding good cause, the court may appoint a person |
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included on the applicable list whose name does not appear first on |
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the list or whose name does not appear among the next five names on |
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the list, as applicable, or a person who meets statutory or other |
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requirements to serve on the case and who is not included on the |
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list, if the appointment of that person as attorney ad litem, |
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guardian ad litem, mediator, or guardian is required on a complex |
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matter because the person: |
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(1) possesses relevant specialized education, |
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training, certification, skill, language proficiency, or knowledge |
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of the subject matter of the case; |
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(2) has relevant prior involvement with the parties or |
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case; or |
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(3) is in a relevant geographic location. |
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SECTION 2. Section 37.004, Government Code, as amended by |
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this Act, applies only to the appointment of a guardian ad litem or |
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guardian made on or after the effective date of this Act. An |
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appointment made before the effective date of this Act is governed |
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by the law in effect on the date the appointment was made, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |