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A BILL TO BE ENTITLED
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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 district or |
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county clerk serving a court subject to the plan shall prepare and |
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provide to the 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; and |
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(2) any fee schedule the court uses for court-ordered |
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representation. |
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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 on |
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the money spent by the county during the preceding state fiscal year |
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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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indigent defendants; |
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(C) for appointments of public defenders for |
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indigent defendants; and |
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(D) for investigation, expert witness, or other |
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litigation expenses. |
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(d) Each district and county clerk serving a court subject |
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to the plan and each county auditor, or other individual designated |
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by the commissioners court of a county, shall provide to the council |
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the information 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. This Act takes effect September 1, 2019. |