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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Bipartisan Bill

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

Download: Texas-2015-SB1876-Introduced.html

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84R14351 YDB-D
By: Zaffirini S.B. No. 1876

A BILL TO BE ENTITLED
AN ACT
relating to the appointment of attorneys ad litem, guardians ad
litem, and mediators.
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,
AND MEDIATORS
Sec. 37.001. APPLICABILITY; CONFLICT OF LAW. (a) This
chapter applies to a judge of any court in this state created by the
Texas Constitution, by statute, or as authorized by statute.
(b) To the extent of a conflict between this chapter and a
specific provision relating to a judge or court, this chapter
controls.
Sec. 37.002. LISTS OF ATTORNEYS AD LITEM, GUARDIANS AD
LITEM, AND MEDIATORS. (a) In addition to a list required by other
state law or rule, the judge of each court in this state shall
establish and maintain the following lists:
(1) a list of all attorneys qualified to serve as an
attorney ad litem;
(2) a list of all attorneys and other persons
qualified to serve as a guardian ad litem; and
(3) a list of all attorneys and other persons
qualified to serve as a mediator.
(b) A list maintained under Subsection (a) must contain the
names of all attorneys and other persons who:
(1) meet any statutory or other requirements to serve
as an attorney ad litem, guardian ad litem, or mediator, as
applicable for each list; and
(2) have registered to serve as attorney ad litem,
guardian ad litem, or mediator with the court.
Sec. 37.003. APPOINTMENT OF ATTORNEYS AD LITEM, GUARDIANS
AD LITEM, AND MEDIATORS; MAINTENANCE OF LISTS. (a) Except as
provided by Subsections (b) and (c), in each case in which the
appointment of an attorney ad litem, guardian ad litem, or mediator
is necessary, a court shall appoint the attorney or other person
whose name appears first on the applicable list maintained by the
judge of the court as required by Section 37.002.
(b) The court may appoint an attorney or other person
included on the applicable list whose name does not appear first on
the list, or an attorney or other person who meets statutory or
other requirements to serve and who is not included on the list, if
the appointment of that attorney or person as attorney ad litem,
guardian ad litem, or mediator is agreed on by the parties and
approved by the court.
(c) The court may appoint from the applicable list the first
qualified attorney or other person included on the list, or for a
case in which a qualified attorney or other person is not included
on the list, an attorney or other person who meets statutory or
other requirements to serve on the case, if the appointment of that
attorney or person as attorney ad litem, guardian ad litem, or
mediator is required on a complex matter because the attorney or
other person possesses relevant specialized education, training,
certification, or skill.
(d) After an attorney or other person has been appointed as
an attorney ad litem, guardian ad litem, or mediator from the
applicable list, the judge shall place that attorney's or person's
name at the end of the list.
SECTION 2. Chapter 37, Government Code, as added by this
Act, applies only to the appointment of an attorney ad litem,
guardian ad litem, or mediator 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 3. This Act takes effect September 1, 2015.