Texas 2023 - 88th 3rd C.S.

Texas Senate Bill SB19

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

The modifications proposed by SB19 are likely to impact several areas within Texas state law related to family law, particularly concerning child custody and welfare cases. The bill emphasizes the need for amicus attorneys to have specific qualifications, thereby enhancing the quality of representation provided to children. Furthermore, the new provisions specify that appointments must only occur when deemed necessary for the child's best interests, which may potentially limit the number of appointments and thus reduce state court costs related to these legal proceedings. The intent is to create a more efficient legal environment in family court by reducing unnecessary complexities in attorney roles.

Summary

SB19 is an act aimed at enhancing the legal framework surrounding special appointments in suits affecting the parent-child relationship in Texas. It introduces amendments to existing provisions in the Family Code, allowing for improved appointment processes of amicus attorneys. These amendments seek to clarify the roles and responsibilities of these legal representatives, ensuring they primarily focus on protecting the child's best interests during legal proceedings, rather than acting solely as advocates for the children themselves. The bill aims to streamline the legal representation provided to children involved in family court cases by adopting a more structured appointment process.

Sentiment

General sentiment towards SB19 seems to be supportive among those advocating for child welfare and improved legal processes in family courts. Proponents argue that clearer definitions and responsibilities for amicus attorneys will lead to better outcomes for children involved in such cases. Conversely, the sentiment among opponents focuses on concerns regarding the potential for reduced advocacy for children's voices in court. Critics worry that by positioning amicus attorneys primarily as servants of the court rather than as advocates for children's interests, there could be a marginalization of children's perspectives in legal decisions directly affecting their lives.

Contention

Notable points of contention surrounding SB19 revolve around the balance of interests between legal representation and advocacy. While the bill seeks to enhance the role and accountability of amicus attorneys, critics argue that this could inherently diminish the unique advocacy role designed to represent the specific needs of children. They fear a potential shift towards viewing the child merely as a subject of legal proceedings rather than as an active participant whose views and welfare should be paramount. As the legislature considers this bill, these discussions highlight crucial debates about best practices in family law and the importance of ensuring children's rights and voices are adequately protected.

Texas Constitutional Statutes Affected

Family Code

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

Companion Bills

No companion bills found.

Similar Bills

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 SB2277

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.