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AN ACT
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relating to exemptions to reporting and list requirements for |
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certain attorneys ad litem, guardians ad litem, amicus attorneys, |
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mediators, and guardians. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.003, Government Code, is amended to |
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read as follows: |
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Sec. 36.003. EXEMPTION. The reporting requirements of |
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Section 36.004 do not apply to: |
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(1) a mediation conducted by an alternative dispute |
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resolution system established under Chapter 152, Civil Practice and |
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Remedies Code; |
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(2) information made confidential under state or |
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federal law, including applicable rules; |
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(3) a guardian ad litem or other person appointed |
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under a program authorized by Section 107.031, Family Code; [or] |
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(4) an attorney ad litem, guardian ad litem, amicus |
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attorney, or mediator appointed under a domestic relations office |
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established under Chapter 203, Family Code; |
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(5) an attorney ad litem, guardian ad litem, amicus |
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attorney, or mediator providing services without expectation or |
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receipt of compensation; or |
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(6) an attorney ad litem, guardian ad litem, amicus |
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attorney, or mediator providing services as a volunteer of a |
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nonprofit organization that provides pro bono legal services to the |
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indigent. |
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SECTION 2. Section 37.002, Government Code, is amended to |
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read as follows: |
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Sec. 37.002. EXEMPTION. The appointment requirements of |
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Section 37.004 do not apply to: |
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(1) a mediation conducted by an alternative dispute |
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resolution system established under Chapter 152, Civil Practice and |
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Remedies Code; |
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(2) a guardian ad litem or other person appointed |
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under a program authorized by Section 107.031, Family Code; |
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(3) an attorney ad litem, guardian ad litem, amicus |
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attorney, or mediator appointed under a domestic relations office |
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established under Chapter 203, Family Code; [or] |
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(4) a person other than an attorney or a private |
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professional guardian appointed to serve as a guardian as defined |
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by Section 1002.012, Estates Code; |
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(5) an attorney ad litem, guardian ad litem, amicus |
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attorney, or mediator providing services without expectation or |
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receipt of compensation; or |
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(6) an attorney ad litem, guardian ad litem, amicus |
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attorney, or mediator providing services as a volunteer of a |
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nonprofit organization that provides pro bono legal services to the |
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indigent. |
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SECTION 3. Section 37.004, Government Code, is amended by |
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amending Subsection (a) and adding Subsections (d-1) and (g) to |
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read as follows: |
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(a) Except as provided by Subsections (c), [and] (d), and |
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(d-1), in each case in which the appointment of an attorney ad |
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litem, guardian ad litem, or guardian is necessary, a court using a |
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rotation system shall appoint the person whose name appears first |
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on the applicable list maintained by the court as required by |
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Section 37.003. |
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(d-1) 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 a |
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person who meets statutory or other requirements to serve and who is |
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not included on the list if, within 30 days preceding the date of |
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appointment, an initial declaration of a state of disaster is made |
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for the area served by the court. |
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(g) In this section, "declaration of a state of disaster" |
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means a declaration made by: |
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(1) the president of the United States under the |
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Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 |
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U.S.C. Section 5121 et seq.); |
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(2) the governor under Section 418.014; or |
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(3) the presiding officer of the governing body of a |
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political subdivision under Section 418.108. |
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SECTION 4. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 41 passed the Senate on |
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March 19, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 41 passed the House on |
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May 22, 2019, by the following vote: Yeas 142, Nays 0, |
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three present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |