Bill Text: TX SB1897 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the appointment of attorneys ad litem for children in the managing conservatorship of this state and funding those attorneys ad litem through an instant-ticket lottery.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-26 - Referred to State Affairs [SB1897 Detail]
Download: Texas-2021-SB1897-Introduced.html
87R8480 MLH-F | ||
By: West | S.B. No. 1897 |
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relating to the appointment of attorneys ad litem for children in | ||
the managing conservatorship of this state and funding those | ||
attorneys ad litem through an instant-ticket lottery. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 107.016, Family Code, is amended to read | ||
as follows: | ||
Sec. 107.016. CONTINUED REPRESENTATION; DURATION OF | ||
APPOINTMENT. In a suit filed by a governmental entity in which | ||
termination of the parent-child relationship or appointment of the | ||
entity as conservator of the child is requested: | ||
(1) an order appointing the Department of Family and | ||
Protective Services as the child's temporary managing conservator | ||
may provide for the continuation of the appointment of the guardian | ||
ad litem for the child for any period during the time the child | ||
remains in the conservatorship of the department, as set by the | ||
court; | ||
(2) an order appointing the Department of Family and | ||
Protective Services as the child's managing conservator shall [ |
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provide for the continuation of the appointment of the attorney ad | ||
litem for the child as long as the child remains in the | ||
conservatorship of the department; and | ||
(3) an attorney appointed under this subchapter to | ||
serve as an attorney ad litem for a parent or an alleged father | ||
continues to serve in that capacity until the earliest of: | ||
(A) the date the suit affecting the parent-child | ||
relationship is dismissed; | ||
(B) the date all appeals in relation to any final | ||
order terminating parental rights are exhausted or waived; or | ||
(C) the date the attorney is relieved of the | ||
attorney's duties or replaced by another attorney after a finding | ||
of good cause is rendered by the court on the record. | ||
SECTION 2. Subchapter B, Chapter 403, Government Code, is | ||
amended by adding Section 403.0123 to read as follows: | ||
Sec. 403.0123. CHILDREN'S JUSTICE FUND. (a) In this | ||
section, "fund" means the children's justice fund. | ||
(b) The children's justice fund is created as a special fund | ||
in the state treasury outside the general revenue fund. | ||
(c) Notwithstanding any other law and except as otherwise | ||
provided by federal law, the Texas Lottery Commission on receipt of | ||
money from the children's justice instant-ticket lottery game | ||
conducted under Section 466.029 shall deposit the money to the | ||
credit of the fund in accordance with Section 466.355 and account | ||
for that money as the comptroller determines necessary. | ||
(d) Other money may be deposited to the credit of the fund as | ||
appropriated by the legislature, as required by federal law, or as | ||
necessary to account for money related to the instant-ticket | ||
lottery game conducted under Section 466.029. Money deposited to | ||
the credit of the fund may only be used for the purpose identified | ||
under Section 466.029. This section does not affect the authority | ||
of the comptroller to establish and use accounts necessary to | ||
manage and account for revenues and expenditures. | ||
(e) Interest earned on money deposited to the credit of the | ||
fund is exempt from Section 404.071. Interest earned on money in | ||
the fund shall be retained in the fund. | ||
(f) The comptroller shall issue guidelines regarding the | ||
implementation of this section consistent with guidelines and | ||
provisions for attorneys ad litem in the Family First Prevention | ||
Services Act (Title VII, Div. E, Pub. L. No. 115-123). | ||
(g) The Texas Lottery Commission may solicit, accept, or | ||
refuse a gift or grant of money, services, or property for any | ||
purpose related to the fund. A gift or grant to the fund may be | ||
appropriated in the same manner as other money in the fund, subject | ||
to any limitation or requirement placed on the gift or grant by the | ||
donor or granting entity. | ||
SECTION 3. Subchapter B, Chapter 466, Government Code, is | ||
amended by adding Section 466.029 to read as follows: | ||
Sec. 466.029. CHILDREN'S JUSTICE GAME. (a) The commission | ||
shall operate an instant-ticket lottery game to benefit the | ||
children's justice fund established under Section 403.0123 for the | ||
purpose of assisting counties in financing attorneys ad litem | ||
appointed for children in the permanent managing conservatorship of | ||
this state. | ||
(b) The commission shall: | ||
(1) determine the ticket price, payout amounts, and | ||
manner in which the game is conducted; | ||
(2) make tickets to the game available for sale | ||
continuously to the extent practicable; and | ||
(3) change the design or theme of the game regularly to | ||
ensure that the game remains competitive with other instant-ticket | ||
lottery games offered by the commission. | ||
(c) The commission shall market and advertise the lottery | ||
game operated under this section in a manner intended to inform the | ||
public that the game tickets are available for purchase and that the | ||
game proceeds are used to assist counties in financing attorneys ad | ||
litem appointed for children in the permanent managing | ||
conservatorship of this state. The game tickets must clearly state | ||
that the game proceeds are used to benefit those children. | ||
(d) The commission shall encourage each sales agent that | ||
sells tickets to instant-ticket games or similar types of lottery | ||
games to sell tickets to the game operated under this section. | ||
SECTION 4. Section 466.355(b), Government Code, is amended | ||
to read as follows: | ||
(b) Money in the state lottery account may be used only for | ||
the following purposes and shall be distributed as follows: | ||
(1) the payment of prizes to the holders of winning | ||
tickets; | ||
(2) the payment of costs incurred in the operation and | ||
administration of the lottery, including any fees received by a | ||
lottery operator, provided that the costs incurred in a fiscal | ||
biennium may not exceed an amount equal to 12 percent of the gross | ||
revenue accruing from the sale of tickets in that biennium; | ||
(3) the establishment of a pooled bond fund, lottery | ||
prize reserve fund, unclaimed prize fund, and prize payment | ||
account; and | ||
(4) the balance, after creation of a reserve | ||
sufficient to pay the amounts needed or estimated to be needed under | ||
Subdivisions (1) through (3), to be transferred on or before the | ||
15th day of each month as follows: | ||
(A) the portion of the balance attributable to | ||
the lottery game operated under Section 466.027 to the fund for | ||
veterans' assistance established by Section 434.017; [ |
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(B) the portion of the balance attributable to | ||
the lottery game operated under Section 466.029 to the children's | ||
justice fund established by Section 403.0123; and | ||
(C) the remainder to the foundation school fund. | ||
SECTION 5. (a) Section 466.355, Government Code, as | ||
amended by this Act, applies only to a transfer from the state | ||
lottery account made on or after the effective date of this Act. | ||
(b) The Texas Lottery Commission shall establish and begin | ||
selling tickets to the lottery game as required by Section 466.029, | ||
Government Code, as added by this Act, not later than March 2, 2022. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2021. |