Bill Text: TX SB41 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to exemptions to reporting and list requirements for certain attorneys ad litem, guardians ad litem, amicus attorneys, mediators, and guardians.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [SB41 Detail]
Download: Texas-2019-SB41-Enrolled.html
S.B. No. 41 |
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relating to exemptions to reporting and list requirements for | ||
certain attorneys ad litem, guardians ad litem, amicus attorneys, | ||
mediators, and guardians. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 36.003, Government Code, is amended to | ||
read as follows: | ||
Sec. 36.003. EXEMPTION. The reporting requirements of | ||
Section 36.004 do not apply to: | ||
(1) a mediation conducted by an alternative dispute | ||
resolution system established under Chapter 152, Civil Practice and | ||
Remedies Code; | ||
(2) information made confidential under state or | ||
federal law, including applicable rules; | ||
(3) a guardian ad litem or other person appointed | ||
under a program authorized by Section 107.031, Family Code; [ |
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(4) an attorney ad litem, guardian ad litem, amicus | ||
attorney, or mediator appointed under a domestic relations office | ||
established under Chapter 203, Family Code; | ||
(5) an attorney ad litem, guardian ad litem, amicus | ||
attorney, or mediator providing services without expectation or | ||
receipt of compensation; or | ||
(6) an attorney ad litem, guardian ad litem, amicus | ||
attorney, or mediator providing services as a volunteer of a | ||
nonprofit organization that provides pro bono legal services to the | ||
indigent. | ||
SECTION 2. Section 37.002, Government Code, is amended to | ||
read as follows: | ||
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; [ |
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(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; | ||
(5) an attorney ad litem, guardian ad litem, amicus | ||
attorney, or mediator providing services without expectation or | ||
receipt of compensation; or | ||
(6) an attorney ad litem, guardian ad litem, amicus | ||
attorney, or mediator providing services as a volunteer of a | ||
nonprofit organization that provides pro bono legal services to the | ||
indigent. | ||
SECTION 3. Section 37.004, Government Code, is amended by | ||
amending Subsection (a) and adding Subsections (d-1) and (g) to | ||
read as follows: | ||
(a) Except as provided by Subsections (c), [ |
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(d-1), 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. | ||
(d-1) 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, within 30 days preceding the date of | ||
appointment, an initial declaration of a state of disaster is made | ||
for the area served by the court. | ||
(g) In this section, "declaration of a state of disaster" | ||
means a declaration made by: | ||
(1) the president of the United States under the | ||
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 | ||
U.S.C. Section 5121 et seq.); | ||
(2) the governor under Section 418.014; or | ||
(3) the presiding officer of the governing body of a | ||
political subdivision under Section 418.108. | ||
SECTION 4. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 41 passed the Senate on | ||
March 19, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 41 passed the House on | ||
May 22, 2019, by the following vote: Yeas 142, Nays 0, | ||
three present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |