HBA-GUM, PDH H.B. 919 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 919
By: Naishtat
Judicial Affairs
6/21/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, a court-appointed attorney in any
guardianship proceeding was required to complete a four-hour course of
study in guardianship law and procedure to be eligible for court
appointment, and newly certified attorneys were required to be recertified
every two years. 

H.B. 919 reduces the number of required hours for certification by one hour
and requires recertification every four years for a person who has been
certified for the previous four years. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 646, Texas Probate Code, as follows:

Sec. 646.  APPOINTMENT OF ATTORNEY AD LITEM AND INTERPRETER.  (a) Deletes
the exclusion of missing persons from the persons for which a court is
required to appoint an attorney ad litem to represent the interests of the
proposed ward in appointment of a guardian. 

(b)  Provides that a person must have the certification required by Section
647A (Certification Requirement for Certain Court-Appointed Attorneys),
Texas Probate Code, to be eligible for appointment as an attorney ad litem.
Deletes existing language relating to certification requirements. 

(c)  Creates subsection from existing text in existing Subsection (d).
Deletes language relating to previous certification requirements.   

(d)  Redesignates existing Subsection (f) to Subsection (d).

SECTION 2.  Amends Subpart E, Part 2, Chapter XIII, Texas Probate Code, by
adding Section 647A, as follows: 

Sec. 647A.  CERTIFICATION REQUIREMENT FOR CERTAIN COURT-APPOINTED
ATTORNEYS.  (a)  Provides that a court-appointed attorney in any
guardianship proceeding must be certified by the State Bar of Texas (state
bar) or a designee of the state bar. 

(b)  Requires the state bar to require three hours credit as a
certification requirement. 

(c)  Provides that a certificate expires two years from the date of
issuance, except as provided in Subsection (e). 

(d)  Provides that an attorney whose certificate has expired must obtain a
new certificate to be eligible for court appointment at a guardianship
proceeding.  

 (e)  Provides that a person's new certification expires four years from
the date of issuance if a person has been certified for the previous four
years. 

SECTION 3.  Makes application of this Act prospective to proceedings
beginning on or after the effective date and proceedings pending on the
effective date. 

SECTION 4.Effective date: September 1, 1999.

SECTION 5.Emergency clause.