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AN ACT
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relating to a plan and report on court-ordered representation for |
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certain suits affecting 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. Subchapter C, Chapter 71, Government Code, is |
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amended by adding Section 71.0355 to read as follows: |
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Sec. 71.0355. PLAN AND REPORT ON COURT-ORDERED |
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REPRESENTATION. (a) The council shall develop a statewide plan |
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requiring counties and courts in this state to report information |
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on court-ordered representation for appointments made in suits |
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affecting the parent-child relationship under Part 1, Subchapter B, |
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Chapter 107, Family Code. In developing the plan, the council must |
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consider the costs to counties of implementing the plan and design |
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the plan to reduce redundant reporting. |
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(b) Not later than November 1 of each odd-numbered year and |
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in the form and manner prescribed in the plan, each local |
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administrative district judge for a court subject to the plan, or |
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the person designated by the judge, shall prepare and provide to the |
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council: |
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(1) a copy of all formal and informal rules and forms |
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the court uses to appoint representation in suits affecting the |
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parent-child relationship under Part 1, Subchapter B, Chapter 107, |
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Family Code; |
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(2) any fee schedule the court uses for court-ordered |
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representation; and |
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(3) information on whether the court is complying with |
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Chapter 37, including the lists and the rotation system required by |
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that chapter. |
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(c) Each county auditor, or other individual designated by |
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the commissioners court of a county, shall prepare and send to the |
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council, in the form and manner prescribed in the plan, information |
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on the money spent by the county during the preceding state fiscal |
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year to provide court-ordered representation in suits affecting the |
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parent-child relationship under Part 1, Subchapter B, Chapter 107, |
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Family Code. The information must include: |
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(1) the total amount of money spent by the county to |
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provide court-ordered representation services; and |
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(2) of the money spent under Subdivision (1), the |
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amount of money spent: |
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(A) for appointments in each district court, |
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county court, statutory county court, and appellate court in the |
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county; |
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(B) for appointments of private attorneys for |
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respondents, including parents, children, and alleged fathers, who |
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are indigent; |
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(C) for appointments of public counsel for |
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respondents, including parents, children, and alleged fathers, who |
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are indigent; and |
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(D) for investigation, expert witness, or other |
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litigation expenses. |
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(d) Each local administrative district judge for a court |
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subject to the plan, or the person designated by the judge, and each |
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county auditor, or other individual designated by the commissioners |
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court of a county, shall provide to the council the information |
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required under the plan and this section. |
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(e) The council annually shall: |
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(1) compile in a report the information submitted to |
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the council under the plan and this section; |
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(2) submit the report compiled under Subdivision (1) |
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to the governor, lieutenant governor, and speaker of the house of |
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representatives; and |
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(3) electronically publish the report compiled under |
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Subdivision (1). |
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SECTION 2. (a) As soon as practicable after the effective |
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date of this Act, the Texas Judicial Council shall develop the plan |
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required by Section 71.0355, Government Code, as added by this Act. |
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(b) Notwithstanding Section 71.0355, Government Code, as |
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added by this Act, a county or court in this state is not required to |
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comply with that section until September 1, 2020, or a later date |
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provided in the plan developed under that section. |
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SECTION 3. The Texas Judicial Council is required to |
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implement a provision of this Act only if the legislature |
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appropriates money specifically for that purpose. If the |
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legislature does not appropriate money specifically for that |
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purpose, the council may, but is not required to, implement a |
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provision of this Act using other appropriations available for that |
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purpose. |
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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. 560 passed the Senate on |
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April 30, 2019, by the following vote: Yeas 30, Nays 1; and that |
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the Senate concurred in House amendment on May 24, 2019, by the |
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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. 560 passed the House, with |
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amendment, on May 22, 2019, by the following vote: Yeas 142, |
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Nays 0, two 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 |