| 1 | 1 | | 89R3626 AMF-D |
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| 2 | 2 | | By: Dutton H.B. No. 2353 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to compensation for an attorney ad litem appointed in a |
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| 10 | 10 | | suit affecting the parent-child relationship filed by a |
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| 11 | 11 | | governmental entity. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 107.015, Family Code, is amended to read |
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| 14 | 14 | | as follows: |
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| 15 | 15 | | Sec. 107.015. ATTORNEY FEES. (a) An attorney appointed |
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| 16 | 16 | | under this chapter to serve as an attorney ad litem for a child, an |
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| 17 | 17 | | attorney in the dual role, or an attorney ad litem for a parent in a |
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| 18 | 18 | | suit filed by a governmental entity is entitled to reasonable fees |
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| 19 | 19 | | and expenses in the amount set by the court, subject to Subsection |
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| 20 | 20 | | (e), to be paid by the parents of the child unless the parents are |
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| 21 | 21 | | indigent. |
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| 22 | 22 | | (b) If the court determines that one or more of the parties |
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| 23 | 23 | | are able to defray the fees and expenses of an attorney ad litem [or |
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| 24 | 24 | | guardian ad litem] for the child or attorney in the dual role as |
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| 25 | 25 | | determined by the reasonable and customary fees for similar |
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| 26 | 26 | | services in the county of jurisdiction or under Subsection (e), as |
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| 27 | 27 | | applicable, the fees and expenses may be ordered paid by one or more |
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| 28 | 28 | | of those parties, or the court may order one or more of those |
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| 29 | 29 | | parties, prior to final hearing, to pay the sums into the registry |
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| 30 | 30 | | of the court or into an account authorized by the court for the use |
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| 31 | 31 | | and benefit of the payee on order of the court. The sums may be |
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| 32 | 32 | | taxed as costs to be assessed against one or more of the parties. |
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| 33 | 33 | | (c) If indigency of the parents is shown, an attorney ad |
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| 34 | 34 | | litem appointed to represent a child, an attorney appointed in a |
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| 35 | 35 | | dual role, or an attorney ad litem appointed to represent a parent |
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| 36 | 36 | | in a suit filed by a governmental entity shall be paid from the |
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| 37 | 37 | | general funds of the county according to the fee schedule that |
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| 38 | 38 | | applies to an attorney appointed to represent a child in a suit |
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| 39 | 39 | | under Title 3 as provided by Chapter 51 or according to Subsection |
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| 40 | 40 | | (e), as applicable. The court may not award attorney ad litem fees |
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| 41 | 41 | | under this chapter against the state, a state agency, or a political |
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| 42 | 42 | | subdivision of the state except as provided by this subsection. |
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| 43 | 43 | | (d) A person appointed as an [a guardian ad litem or] |
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| 44 | 44 | | attorney ad litem for a child, an attorney in a dual role, or an |
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| 45 | 45 | | attorney ad litem for a parent in a suit filed by a governmental |
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| 46 | 46 | | entity shall complete and submit to the court a voucher or claim for |
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| 47 | 47 | | payment that lists the fees charged and hours worked by the |
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| 48 | 48 | | [guardian ad litem or] attorney [ad litem]. Information submitted |
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| 49 | 49 | | under this section is subject to disclosure under Chapter 552, |
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| 50 | 50 | | Government Code. A court in a county with a population of three |
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| 51 | 51 | | million or more may not modify a voucher or claim for payment |
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| 52 | 52 | | submitted by an attorney under this subsection to reduce the |
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| 53 | 53 | | payment to the attorney. |
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| 54 | 54 | | (e) In a county with a population of three million or more, a |
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| 55 | 55 | | court shall set the hourly rate for an attorney ad litem appointed |
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| 56 | 56 | | to represent a child, an attorney appointed in a dual role, or an |
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| 57 | 57 | | attorney ad litem appointed to represent a parent at a minimum of |
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| 58 | 58 | | $250 per hour for time spent in court making an appearance on behalf |
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| 59 | 59 | | of the parent or child and reasonable and necessary time spent out |
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| 60 | 60 | | of court on the case. |
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| 61 | 61 | | SECTION 2. The change in law made by this Act applies to a |
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| 62 | 62 | | suit affecting the parent-child relationship that is pending in a |
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| 63 | 63 | | trial court on the effective date of this Act or that is filed on or |
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| 64 | 64 | | after the effective date of this Act. |
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| 65 | 65 | | SECTION 3. This Act takes effect September 1, 2025. |
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