Bill Text: TX SB1876 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to the appointment of attorneys ad litem, guardians ad litem, mediators, and guardians in certain counties.

Sponsorship: Bipartisan Bill

Status: (Passed) 2015-06-19 - Effective on 9/1/15 [SB1876 Detail]

Download: Texas-2015-SB1876-Enrolled.html

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S.B. No. 1876

AN ACT
relating to the appointment of attorneys ad litem, guardians ad
litem, mediators, and guardians in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 2, Government Code, is amended
by adding Chapter 37 to read as follows:
CHAPTER 37. APPOINTMENTS OF ATTORNEYS AD LITEM, GUARDIANS AD
LITEM, MEDIATORS, AND GUARDIANS
Sec. 37.001. APPLICABILITY; CONFLICT OF LAW. (a) This
chapter applies to a court in this state created by the Texas
Constitution, by statute, or as authorized by statute that is
located in a county with a population of 25,000 or more.
(b) To the extent of a conflict between this chapter and a
specific provision relating to a court, this chapter controls.
Sec. 37.002. EXEMPTION. The appointment requirements of
Section 37.004 do not apply to:
(1) a mediation conducted by an alternative dispute
resolution system established under Chapter 152, Civil Practice and
Remedies Code;
(2) a guardian ad litem or other person appointed
under a program authorized by Section 107.031, Family Code;
(3) an attorney ad litem, guardian ad litem, amicus
attorney, or mediator appointed under a domestic relations office
established under Chapter 203, Family Code; or
(4) a person other than an attorney or a private
professional guardian appointed to serve as a guardian as defined
by Section 1002.012, Estates Code.
Sec. 37.003. LISTS OF ATTORNEYS AD LITEM, GUARDIANS AD
LITEM, MEDIATORS, AND GUARDIANS. (a) In addition to a list
required by other state law or rule, each court in this state shall
establish and maintain the following lists:
(1) a list of all attorneys who are qualified to serve
as an attorney ad litem and are registered with the court;
(2) a list of all attorneys and other persons who are
qualified to serve as a guardian ad litem and are registered with
the court;
(3) a list of all persons who are registered with the
court to serve as a mediator; and
(4) a list of all attorneys and private professional
guardians who are qualified to serve as a guardian as defined by
Section 1002.012, Estates Code, and are registered with the court.
(b) A court may establish and maintain more than one of a
list required under Subsection (a) that is categorized by the type
of case and the person's qualifications.
(c) A local administrative judge, at the request of one or
more of the courts the judge serves, shall establish and maintain
the lists required under Subsection (a) for those courts. The local
administrative judge may establish and maintain one set of lists
for all of the requesting courts and may maintain for the courts
more than one of a list as provided in Subsection (b).
Sec. 37.004. APPOINTMENT OF ATTORNEYS AD LITEM, GUARDIANS
AD LITEM, MEDIATORS, AND GUARDIANS; MAINTENANCE OF LISTS.
(a) Except as provided by Subsections (c) and (d), in each case in
which the appointment of an attorney ad litem, guardian ad litem, or
guardian is necessary, a court using a rotation system shall
appoint the person whose name appears first on the applicable list
maintained by the court as required by Section 37.003.
(b) In each case in which the appointment of a mediator is
necessary because the parties to the case are unable to agree on a
mediator, a court using a rotation system shall appoint the person
whose name appears first on the mediator list maintained by the
court as required under Section 37.003.
(c) The court may appoint a person included on the
applicable list whose name does not appear first on the list, or a
person who meets statutory or other requirements to serve and who is
not included on the list, if the appointment of that person as
attorney ad litem, guardian ad litem, or guardian is agreed on by
the parties and approved by the court.
(d) On finding good cause, the court may appoint a person
included on the applicable list whose name does not appear first on
the list, or a person who meets statutory or other requirements to
serve on the case and who is not included on the list, if the
appointment of that person as attorney ad litem, guardian ad litem,
mediator, or guardian is required on a complex matter because the
person:
(1) possesses relevant specialized education,
training, certification, skill, language proficiency, or knowledge
of the subject matter of the case;
(2) has relevant prior involvement with the parties or
case; or
(3) is in a relevant geographic location.
(e) A person who is not appointed in the order in which the
person's name appears on the applicable list shall remain next in
order on the list.
(f) After a person has been appointed as an attorney ad
litem, guardian ad litem, mediator, or guardian from the applicable
list, the court shall place that person's name at the end of the
list.
Sec. 37.005. POSTING OF LISTS. A court annually shall post
each list established under Section 37.003 at the courthouse of the
county in which the court is located and on any Internet website of
the court.
SECTION 2. Section 25.0022(d), Government Code, is amended
to read as follows:
(d) The presiding judge shall:
(1) ensure the promulgation of local rules of
administration in accordance with policies and guidelines set by
the supreme court;
(2) advise local statutory probate court judges on
case flow management practices and auxiliary court services;
(3) perform a duty of a local administrative statutory
probate court judge if the local administrative judge does not
perform that duty;
(4) appoint an assistant presiding judge of the
statutory probate courts;
(5) call and preside over annual meetings of the
judges of the statutory probate courts at a time and place in the
state as designated by the presiding judge;
(6) call and convene other meetings of the judges of
the statutory probate courts as considered necessary by the
presiding judge to promote the orderly and efficient administration
of justice in the statutory probate courts;
(7) study available statistics reflecting the
condition of the dockets of the probate courts in the state to
determine the need for the assignment of judges under this section;
(8) compare local rules of court to achieve uniformity
of rules to the extent practical and consistent with local
conditions; [and]
(9) assign a judge or former or retired judge of a
statutory probate court to hear a case under the circumstances
described by Section 25.002201(b); and
(10) require the local administrative judge for
statutory probate courts in a county to ensure that all statutory
probate courts in the county comply with Chapter 37.
SECTION 3. Section 74.092, Government Code, is amended to
read as follows:
Sec. 74.092. DUTIES OF LOCAL ADMINISTRATIVE JUDGE.
[(a)] A local administrative judge, for the courts for which the
judge serves as local administrative judge, shall:
(1) implement and execute the local rules of
administration, including the assignment, docketing, transfer, and
hearing of cases;
(2) appoint any special or standing committees
necessary or desirable for court management and administration;
(3) promulgate local rules of administration if the
other judges do not act by a majority vote;
(4) recommend to the regional presiding judge any
needs for assignment from outside the county to dispose of court
caseloads;
(5) supervise the expeditious movement of court
caseloads, subject to local, regional, and state rules of
administration;
(6) provide the supreme court and the office of court
administration requested statistical and management information;
(7) set the hours and places for holding court in the
county;
(8) supervise the employment and performance of
nonjudicial personnel;
(9) supervise the budget and fiscal matters of the
local courts, subject to local rules of administration;
(10) coordinate and cooperate with any other local
administrative judge in the district in the assignment of cases in
the courts' concurrent jurisdiction for the efficient operation of
the court system and the effective administration of justice;
(11) if requested by the courts the judge serves,
establish and maintain the lists required by Section 37.003 and
ensure appointments are made from the lists in accordance with
Section 37.004 [a list of all attorneys qualified to serve as an
attorney ad litem]; and
(12) perform other duties as may be directed by the
chief justice or a regional presiding judge.
[(b) A list of attorneys ad litem maintained under
Subsection (a)(11) must contain the names of all attorneys who:
[(1) meet any statutory or other requirements to serve
as an attorney ad litem; and
[(2) have registered to serve as attorney ad litem
with a court for which the judge maintaining the list serves as
local administrative judge.]
SECTION 4. Section 74.093, Government Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) The rules may provide for the establishment and
maintenance of the lists required by Section 37.003, including the
establishment and maintenance of more than one of a list required by
that section that is categorized by the type of case, such as family
law or probate law, and the person's qualifications.
SECTION 5. Section 74.098, Government Code, is repealed.
SECTION 6. Chapter 37, Government Code, as added by this
Act, and Section 74.092, Government Code, as amended by this Act,
apply only to the appointment of an attorney ad litem, guardian ad
litem, mediator, or guardian made on or after the effective date of
this Act. An appointment made before the effective date of this Act
is governed by the law in effect on the date the appointment was
made, and the former law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1876 passed the Senate on
May 4, 2015, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendments on May 29, 2015, by the
following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1876 passed the House, with
amendments, on May 26, 2015, by the following vote: Yeas 142,
Nays 3, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor