By: Garcia S.B. No. 1931
(In the Senate - Filed March 13, 2015; March 25, 2015, read
first time and referred to Committee on State Affairs;
April 22, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 22, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1931 By: Ellis
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of an attorney ad litem for a parent in
certain suits affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 107.013, Family Code, is amended by
adding Subsection (a-1) and amending Subsections (b) and (d) to
read as follows:
(a-1) In a suit described by Subsection (a), if a parent is
not represented by an attorney at the parent's first appearance in
court, the court shall inform the parent of:
(1) the right to be represented by an attorney; and
(2) if the parent is indigent and appears in
opposition to the suit, the right to an attorney ad litem appointed
by the court.
(b) If both parents of the child are entitled to the
appointment of an attorney ad litem under this section and the court
finds that the interests of the parents are not in conflict and that
there is no history or pattern of past or present family violence by
one parent directed against the other parent, a spouse, or a child
of the parties, the court may appoint an attorney ad litem to
represent the interests of both parents.
(d) The court shall require a [A] parent who claims
indigence under Subsection (a) to [must] file an affidavit of
indigence in accordance with Rule 145(b) of the Texas Rules of Civil
Procedure before the court may [can] conduct a hearing to determine
the parent's indigence under this section. The court may consider
additional evidence at that hearing, including evidence relating to
the parent's income, source of income, assets, property ownership,
benefits paid in accordance with a federal, state, or local public
assistance program, outstanding obligations, and necessary
expenses and the number and ages of the parent's dependents. If the
court determines the parent is indigent, the court shall appoint an
attorney ad litem to represent the parent.
SECTION 2. Part 1, Subchapter B, Chapter 107, Family Code,
is amended by adding Section 107.0141 to read as follows:
Sec. 107.0141. TEMPORARY APPOINTMENT OF ATTORNEY AD LITEM
FOR CERTAIN PARENTS. (a) The court may appoint an attorney ad
litem to represent the interests of a parent for a limited period
beginning at the time the court issues a temporary restraining
order or attachment of the parent's child under Chapter 262 and
ending on the court's determination of whether the parent is
indigent before commencement of the full adversary hearing.
(b) An attorney ad litem appointed for a parent under this
section:
(1) has the powers and duties of an attorney ad litem
appointed under Section 107.0131; and
(2) if applicable, shall:
(A) conduct an investigation regarding the
petitioner's due diligence in locating and serving citation on the
parent; and
(B) interview any party or other person who may
have information relating to the identity or location of the
parent.
(c) If the attorney ad litem identifies and locates the
parent, the attorney ad litem shall:
(1) inform the parent of the parent's right to be
represented by an attorney and of the parent's right to an attorney
ad litem appointed by the court, if the parent is indigent and
appears in opposition to the suit;
(2) if the parent claims indigence and requests an
attorney ad litem beyond the period of the temporary appointment
under this section, assist the parent in making a claim of indigence
for the appointment of an attorney ad litem; and
(3) assist the parent in preparing for the full
adversary hearing under Subchapter C, Chapter 262.
(d) If the court determines the parent is indigent, the
court may appoint the attorney ad litem to continue to represent the
parent under Section 107.013(a)(1).
(e) If the attorney ad litem is unable to identify or locate
the parent, the attorney ad litem shall submit to the court a
written summary of the attorney ad litem's efforts to identify or
locate the parent with a statement that the attorney ad litem was
unable to identify or locate the parent. On receipt of the summary
required by this subsection, the court shall discharge the attorney
ad litem from the appointment.
(f) If the attorney ad litem identifies or locates the
parent, and the court determines that the parent is not indigent,
the court shall discharge the attorney ad litem from the
appointment.
SECTION 3. Section 262.201(a-2), Family Code, is amended to
read as follows:
(a-2) If a parent claims indigence and requests the
appointment of an attorney before the full adversary hearing, the
court shall require the parent to complete and file with the court
an affidavit of indigence. The court may consider additional
[hear] evidence to determine whether the parent is indigent,
including evidence relating to the parent's income, source of
income, assets, property ownership, benefits paid in accordance
with a federal, state, or local public assistance program,
outstanding obligations, and necessary expenses and the number and
ages of the parent's dependents. If the appointment of an attorney
for the parent is requested, the court shall make a determination of
indigence before commencement of the full adversary hearing. If
the court determines the parent is indigent, the court shall
appoint an attorney to represent the parent.
SECTION 4. The changes in law made by this Act apply only to
a suit affecting the parent-child relationship filed on or after
the effective date of this Act. A suit affecting the parent-child
relationship filed before the effective date of this Act is
governed by the law in effect on the date the suit was filed, and the
former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2015.
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