Texas 2023 - 88th Regular

Texas Senate Bill SB2277

Filed
3/10/23  
Out of Senate Committee
4/24/23  
Voted on by Senate
4/27/23  
Out of House Committee
5/19/23  
Bill Becomes Law
 

Caption

Relating to special appointments in suits affecting the parent-child relationship.

Impact

Once enacted, SB 2277 is set to enhance the legal framework surrounding family law cases, particularly those involving custody and guardianship. By repealing sections that allowed for unqualified individuals to serve in this capacity, the bill intends to improve the quality of representation for children. It mandates that any appointed amicus attorney must hold appropriate qualifications, undergo continued education in relevant fields such as domestic violence and child interviewing techniques, thus reinforcing the overall integrity of family law proceedings.

Summary

Senate Bill 2277 aims to clarify and establish standards regarding the appointment of amicus attorneys in cases affecting the parent-child relationship. Initiated at the request of the Texas Family Law Foundation, the bill addresses significant gaps in current legislation which previously lacked minimum qualification criteria for amicus attorneys. This legislation specifies the roles, powers, and restrictions of an amicus attorney, ensuring that only qualified attorneys who are trained in child advocacy can be appointed to represent the interests of children in family law cases.

Sentiment

The sentiment around SB 2277 appears to be largely supportive among child advocacy groups and legal experts, particularly from the Texas Family Law Foundation. They view the legislation as a necessary advancement in family law that prioritizes the best interests of children. Conversely, there may be concerns regarding the potential limitations on the appointment process, particularly in smaller counties where qualified attorneys may be scarce.

Contention

Notable points of contention during discussions included the potential for the bill to limit options for family courts, especially in rural or less populated areas, where qualified legal professionals may not be readily available. Furthermore, while the legislation aims to standardize the qualifications for amicus attorneys, critics have argued that the necessity for such stringent qualifications could lead to delays in appointments, ultimately affecting the timeliness of judicial outcomes for children involved in family disputes.

Texas Constitutional Statutes Affected

Family Code

  • Chapter 107. Special Appointments, Child Custody Evaluations, And Adoption Evaluations
    • Section: New Section
    • Section: 021
    • Section: New Section
    • Section: 021
    • Section: New Section
    • Section: 021

Companion Bills

TX HB1544

Identical Relating to special appointments in suits affecting the parent-child relationship.

Similar Bills

TX SB19

Relating to special appointments in suits affecting the parent-child relationship.

TX SB24

Relating to special appointments in suits affecting the parent-child relationship.

TX SB43

Relating to special appointments in suits affecting the parent-child relationship.

TX SB13

Relating to special appointments in suits affecting the parent-child relationship.

TX HB1544

Relating to special appointments in suits affecting the parent-child relationship.

TX SB323

Relating to special appointments in suits affecting the parent-child relationship.

TX HB2530

Relating to special appointments in suits affecting the parent-child relationship.

CA SB710

District attorneys: conflicts of interest.