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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of attorneys ad litem for children in |
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the managing conservatorship of this state and funding those |
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attorneys ad litem through an instant-ticket lottery. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 107.016, Family Code, is amended to read |
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as follows: |
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Sec. 107.016. CONTINUED REPRESENTATION; DURATION OF |
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APPOINTMENT. In a suit filed by a governmental entity in which |
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termination of the parent-child relationship or appointment of the |
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entity as conservator of the child is requested: |
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(1) an order appointing the Department of Family and |
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Protective Services as the child's temporary managing conservator |
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may provide for the continuation of the appointment of the guardian |
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ad litem for the child for any period during the time the child |
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remains in the conservatorship of the department, as set by the |
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court; |
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(2) an order appointing the Department of Family and |
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Protective Services as the child's managing conservator shall [may] |
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provide for the continuation of the appointment of the attorney ad |
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litem for the child as long as the child remains in the |
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conservatorship of the department; and |
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(3) an attorney appointed under this subchapter to |
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serve as an attorney ad litem for a parent or an alleged father |
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continues to serve in that capacity until the earliest of: |
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(A) the date the suit affecting the parent-child |
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relationship is dismissed; |
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(B) the date all appeals in relation to any final |
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order terminating parental rights are exhausted or waived; or |
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(C) the date the attorney is relieved of the |
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attorney's duties or replaced by another attorney after a finding |
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of good cause is rendered by the court on the record. |
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SECTION 2. Subchapter B, Chapter 403, Government Code, is |
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amended by adding Section 403.0123 to read as follows: |
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Sec. 403.0123. CHILDREN'S JUSTICE FUND. (a) In this |
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section, "fund" means the children's justice fund. |
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(b) The children's justice fund is created as a special fund |
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in the state treasury outside the general revenue fund. |
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(c) Notwithstanding any other law and except as otherwise |
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provided by federal law, the Texas Lottery Commission on receipt of |
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money from the children's justice instant-ticket lottery game |
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conducted under Section 466.029 shall deposit the money to the |
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credit of the fund in accordance with Section 466.355 and account |
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for that money as the comptroller determines necessary. |
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(d) Other money may be deposited to the credit of the fund as |
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appropriated by the legislature, as required by federal law, or as |
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necessary to account for money related to the instant-ticket |
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lottery game conducted under Section 466.029. Money deposited to |
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the credit of the fund may only be used for the purpose identified |
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under Section 466.029. This section does not affect the authority |
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of the comptroller to establish and use accounts necessary to |
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manage and account for revenues and expenditures. |
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(e) Interest earned on money deposited to the credit of the |
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fund is exempt from Section 404.071. Interest earned on money in |
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the fund shall be retained in the fund. |
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(f) The comptroller shall issue guidelines regarding the |
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implementation of this section consistent with guidelines and |
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provisions for attorneys ad litem in the Family First Prevention |
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Services Act (Title VII, Div. E, Pub. L. No. 115-123). |
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(g) The Texas Lottery Commission may solicit, accept, or |
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refuse a gift or grant of money, services, or property for any |
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purpose related to the fund. A gift or grant to the fund may be |
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appropriated in the same manner as other money in the fund, subject |
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to any limitation or requirement placed on the gift or grant by the |
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donor or granting entity. |
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SECTION 3. Subchapter B, Chapter 466, Government Code, is |
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amended by adding Section 466.029 to read as follows: |
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Sec. 466.029. CHILDREN'S JUSTICE GAME. (a) The commission |
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shall operate an instant-ticket lottery game to benefit the |
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children's justice fund established under Section 403.0123 for the |
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purpose of assisting counties in financing attorneys ad litem |
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appointed for children in the permanent managing conservatorship of |
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this state. |
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(b) The commission shall: |
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(1) determine the ticket price, payout amounts, and |
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manner in which the game is conducted; |
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(2) make tickets to the game available for sale |
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continuously to the extent practicable; and |
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(3) change the design or theme of the game regularly to |
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ensure that the game remains competitive with other instant-ticket |
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lottery games offered by the commission. |
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(c) The commission shall market and advertise the lottery |
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game operated under this section in a manner intended to inform the |
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public that the game tickets are available for purchase and that the |
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game proceeds are used to assist counties in financing attorneys ad |
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litem appointed for children in the permanent managing |
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conservatorship of this state. The game tickets must clearly state |
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that the game proceeds are used to benefit those children. |
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(d) The commission shall encourage each sales agent that |
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sells tickets to instant-ticket games or similar types of lottery |
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games to sell tickets to the game operated under this section. |
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SECTION 4. Section 466.355(b), Government Code, is amended |
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to read as follows: |
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(b) Money in the state lottery account may be used only for |
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the following purposes and shall be distributed as follows: |
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(1) the payment of prizes to the holders of winning |
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tickets; |
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(2) the payment of costs incurred in the operation and |
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administration of the lottery, including any fees received by a |
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lottery operator, provided that the costs incurred in a fiscal |
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biennium may not exceed an amount equal to 12 percent of the gross |
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revenue accruing from the sale of tickets in that biennium; |
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(3) the establishment of a pooled bond fund, lottery |
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prize reserve fund, unclaimed prize fund, and prize payment |
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account; and |
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(4) the balance, after creation of a reserve |
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sufficient to pay the amounts needed or estimated to be needed under |
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Subdivisions (1) through (3), to be transferred on or before the |
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15th day of each month as follows: |
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(A) the portion of the balance attributable to |
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the lottery game operated under Section 466.027 to the fund for |
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veterans' assistance established by Section 434.017; [and] |
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(B) the portion of the balance attributable to |
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the lottery game operated under Section 466.029 to the children's |
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justice fund established by Section 403.0123; and |
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(C) the remainder to the foundation school fund. |
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SECTION 5. (a) Section 466.355, Government Code, as |
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amended by this Act, applies only to a transfer from the state |
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lottery account made on or after the effective date of this Act. |
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(b) The Texas Lottery Commission shall establish and begin |
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selling tickets to the lottery game as required by Section 466.029, |
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Government Code, as added by this Act, not later than March 2, 2022. |
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SECTION 6. 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, 2021. |