Texas 2025 - 89th Regular

Texas House Bill HB2530 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1863 PRL-F
2	2	By: Cook H.B. No. 2530
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to special appointments in suits affecting the
10	10	parent-child relationship.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 107.001(1), Family Code, is amended to
13	13	read as follows:
14	14	(1) "Amicus attorney" means an attorney appointed by
15	15	the court in a suit, other than a suit filed by a governmental
16	16	entity, whose role is to provide legal services necessary to assist
17	17	the court in protecting a child's best interests rather than to
18	18	provide legal services to the child, including by acting as a
19	19	witness or making recommendations to the court.
20	20	SECTION 2. The heading to Section 107.003, Family Code, is
21	21	amended to read as follows:
22	22	Sec. 107.003. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR
23	23	CHILD [AND AMICUS ATTORNEY].
24	24	SECTION 3. Section 107.003(a), Family Code, is amended to
25	25	read as follows:
26	26	(a) An attorney ad litem appointed to represent a child [or
27	27	an amicus attorney appointed to assist the court]:
28	28	(1) shall:
29	29	(A) subject to Rules 4.02, 4.03, and 4.04, Texas
30	30	Disciplinary Rules of Professional Conduct, and within a reasonable
31	31	time after the appointment, interview:
32	32	(i) the child in a developmentally
33	33	appropriate manner, if the child is four years of age or older;
34	34	(ii) each person who has significant
35	35	knowledge of the child's history and condition, including any
36	36	foster parent of the child; and
37	37	(iii) the parties to the suit;
38	38	(B) seek to elicit in a developmentally
39	39	appropriate manner the child's expressed objectives of
40	40	representation;
41	41	(C) consider the impact on the child in
42	42	formulating the attorney's presentation of the child's expressed
43	43	objectives of representation to the court;
44	44	(D) investigate the facts of the case to the
45	45	extent the attorney considers appropriate;
46	46	(E) obtain and review copies of relevant records
47	47	relating to the child as provided by Section 107.006;
48	48	(F) participate in the conduct of the litigation
49	49	to the same extent as an attorney for a party;
50	50	(G) take any action consistent with the child's
51	51	interests that the attorney considers necessary to expedite the
52	52	proceedings;
53	53	(H) encourage settlement and the use of
54	54	alternative forms of dispute resolution; and
55	55	(I) review and sign, or decline to sign, a
56	56	proposed or agreed order affecting the child;
57	57	(2) must be trained in child advocacy or have
58	58	experience determined by the court to be equivalent to that
59	59	training; and
60	60	(3) is entitled to:
61	61	(A) request clarification from the court if the
62	62	role of the attorney is ambiguous;
63	63	(B) request a hearing or trial on the merits;
64	64	(C) consent or refuse to consent to an interview
65	65	of the child by another attorney;
66	66	(D) receive a copy of each pleading or other
67	67	paper filed with the court;
68	68	(E) receive notice of each hearing in the suit;
69	69	(F) participate in any case staffing concerning
70	70	the child conducted by the Department of Family and Protective
71	71	Services; and
72	72	(G) attend all legal proceedings in the suit.
73	73	SECTION 4. Section 107.007(a), Family Code, is amended to
74	74	read as follows:
75	75	(a) An attorney ad litem or [,] an attorney serving in the
76	76	dual role[, or an amicus attorney] may not:
77	77	(1) be compelled to produce attorney work product
78	78	developed during the appointment as an attorney;
79	79	(2) be required to disclose the source of any
80	80	information;
81	81	(3) submit a report into evidence; or
82	82	(4) testify in court except as authorized by Rule
83	83	3.08, Texas Disciplinary Rules of Professional Conduct.
84	84	SECTION 5. Section 107.009, Family Code, is amended to read
85	85	as follows:
86	86	Sec. 107.009. IMMUNITY. (a) A guardian ad litem, [an
87	87	attorney ad litem,] a child custody evaluator, or an adoption
88	88	evaluator [amicus attorney] appointed under this chapter is not
89	89	liable for civil damages arising from an action taken, a
90	90	recommendation made, or an opinion given in the capacity of
91	91	guardian ad litem, [attorney ad litem,] child custody evaluator, or
92	92	adoption evaluator [amicus attorney].
93	93	(a-1) An attorney ad litem or amicus attorney appointed
94	94	under this chapter is not liable for civil damages arising from an
95	95	action taken in the capacity of attorney ad litem or amicus
96	96	attorney.
97	97	(b) Subsections [Subsection] (a) and (a-1) do [does] not
98	98	apply to an action taken, a recommendation made, or an opinion
99	99	given:
100	100	(1) with conscious indifference or reckless disregard
101	101	to the safety of another;
102	102	(2) in bad faith or with malice; or
103	103	(3) that is grossly negligent or wilfully wrongful.
104	104	SECTION 6. Part 2, Subchapter B, Chapter 107, Family Code,
105	105	is amended by adding Sections 107.024, 107.0245, 107.025, 107.0255,
106	106	107.026, 107.0265, 107.027, and 107.0275 to read as follows:
107	107	Sec. 107.024. APPOINTMENT OF AMICUS ATTORNEY. (a) The
108	108	court, after notice and hearing or on agreement of the parties, may
109	109	appoint an amicus attorney in a suit.
110	110	(b) In determining whether to make an appointment under this
111	111	section, the court:
112	112	(1) shall:
113	113	(A) give due consideration to the ability of the
114	114	parties to pay reasonable fees to the amicus attorney; and
115	115	(B) balance the child's interests against the
116	116	cost to the parties that would result from an appointment by taking
117	117	into consideration the cost of available alternatives for resolving
118	118	issues without making an appointment;
119	119	(2) may make an appointment only if the court finds
120	120	that the appointment is necessary to ensure the determination of
121	121	the best interests of the child, unless the appointment is
122	122	otherwise required by this code; and
123	123	(3) may not require an amicus attorney appointed under
124	124	this section to serve without reasonable compensation for the
125	125	services rendered by the amicus attorney.
126	126	(c) An amicus attorney appointed under this section must be
127	127	qualified under Section 107.0245 or 107.025.
128	128	(d) An order appointing an amicus attorney under this
129	129	section must include:
130	130	(1) the name, bar number, address, telephone number,
131	131	and e-mail address of the appointed amicus attorney;
132	132	(2) the scope of the amicus attorney's role;
133	133	(3) a list of the duties of an amicus attorney,
134	134	including duties under Section 107.0265(c)(1);
135	135	(4) any other specific tasks requested by the court;
136	136	and
137	137	(5) specific provisions for payment of the amicus
138	138	attorney, including a retainer or cost deposit.
139	139	(e) If a party to or child subject to a suit does not speak
140	140	English as the party's or child's primary language, the court shall
141	141	ensure that the amicus attorney:
142	142	(1) is able to effectively communicate in the party's
143	143	or child's primary language; or
144	144	(2) will be assisted by a licensed or certified
145	145	interpreter.
146	146	(f) A licensed or certified interpreter assisting an amicus
147	147	attorney under Subsection (e)(2) may accompany the amicus attorney
148	148	in person or assist through use of audio or video conferencing
149	149	technology.
150	150	(g) The court may require the parties to pay any costs
151	151	associated with obtaining assistance from a licensed or certified
152	152	interpreter under Subsection (e)(2).
153	153	Sec. 107.0245. AMICUS ATTORNEY; MINIMUM QUALIFICATIONS.
154	154	(a) To be qualified to serve as an amicus attorney, an individual
155	155	must:
156	156	(1) be an attorney:
157	157	(A) who:
158	158	(i) is licensed to practice law in this
159	159	state and in good standing with the State Bar of Texas;
160	160	(ii) has practiced law for at least two
161	161	years; and
162	162	(iii) is trained in child advocacy or found
163	163	by the court to have experience equivalent to training in child
164	164	advocacy; or
165	165	(B) who is certified by the Texas Board of Legal
166	166	Specialization in family law or child welfare law;
167	167	(2) in the four years preceding the appointment, have
168	168	completed not less than a total of four hours of continuing legal
169	169	education from one or more of the following subject areas:
170	170	(A) domestic violence;
171	171	(B) techniques for interviewing a child in a
172	172	developmentally appropriate manner; or
173	173	(C) alternative dispute resolution; and
174	174	(3) if appropriate due to the nature of the
175	175	appointment, be familiar with the American Bar Association's
176	176	standards of practice for attorneys who represent children in
177	177	custody cases.
178	178	(b) The court shall determine whether a prospective amicus
179	179	attorney meets the qualifications of this section.
180	180	(c) On the request of the court, a prospective amicus
181	181	attorney must demonstrate appropriate knowledge and competence
182	182	consistent with professional models, standards, and guidelines.
183	183	Sec. 107.025. EXCEPTION TO QUALIFICATIONS REQUIRED TO SERVE
184	184	AS AMICUS ATTORNEY IN CERTAIN COUNTIES. (a) This section applies
185	185	only to a county with a population of less than 500,000.
186	186	(b) If a court finds that an individual qualified to serve
187	187	as an amicus attorney under Section 107.0245 is not available in the
188	188	county to serve as an amicus attorney, the court may, after notice
189	189	and hearing or on agreement of the parties, appoint an amicus
190	190	attorney the court determines to be otherwise qualified to serve.
191	191	Sec. 107.0255. AMICUS ATTORNEY; CONFLICTS OF INTEREST AND
192	192	BIAS. (a) Before a person accepts appointment as an amicus
193	193	attorney in a suit, the person must disclose to the court, each
194	194	attorney for a party to the suit, and any party to the suit who does
195	195	not have an attorney:
196	196	(1) any conflict of interest that the person believes
197	197	the person has with the court, any party to the suit, or a child who
198	198	is the subject of the suit;
199	199	(2) any previous knowledge that the person has of a
200	200	party to the suit or a child who is the subject of the suit, other
201	201	than knowledge obtained in a court-ordered evaluation;
202	202	(3) any pecuniary relationship that the person
203	203	believes the person has with an attorney in the suit or the court;
204	204	(4) any fiduciary relationship that the person
205	205	believes the person has with an attorney in the suit or the court;
206	206	(5) any conflict of interest that the person believes
207	207	the person has with another person participating or expected to
208	208	participate in the suit in a professional capacity; and
209	209	(6) any other information relating to the person's
210	210	relationship with an attorney in the suit or the court that a
211	211	reasonable, prudent person would believe would affect the ability
212	212	of the person to act impartially as an amicus attorney.
213	213	(b) The court may not appoint a person as an amicus attorney
214	214	in a suit if the person makes any of the disclosures in Subsection
215	215	(a) unless:
216	216	(1) the court finds, after notice and a hearing, that:
217	217	(A) the person has no conflict of interest with a
218	218	party to the suit, the court, or a child who is the subject of the
219	219	suit;
220	220	(B) the person's previous knowledge of a party to
221	221	the suit, the court, or a child who is the subject of the suit is not
222	222	relevant;
223	223	(C) the person does not have a pecuniary
224	224	relationship with an attorney in the suit or the court; and
225	225	(D) the person does not have a fiduciary
226	226	relationship with an attorney in the suit or the court; or
227	227	(2) the parties agree in writing to the person's
228	228	appointment as an amicus attorney.
229	229	(c) After being appointed as an amicus attorney in a suit, a
230	230	person shall immediately disclose to the court, each attorney for a
231	231	party to the suit, and any party to the suit who does not have an
232	232	attorney any discovery of the following unless previously
233	233	disclosed:
234	234	(1) a conflict of interest that the person believes
235	235	the person has with a party to the suit, the court, or a child who is
236	236	the subject of the suit;
237	237	(2) previous knowledge the person has of a party to the
238	238	suit, the court, or a child who is the subject of the suit, other
239	239	than knowledge obtained in a court-ordered evaluation;
240	240	(3) a relationship that the person has with an
241	241	attorney in the suit who was hired or appointed after the person's
242	242	appointment as an amicus attorney that would have been subject to
243	243	disclosure under Subsection (a); and
244	244	(4) any conflict of interest that the person believes
245	245	the person has with another person who participates in the suit in a
246	246	professional capacity.
247	247	(d) The court shall remove a person as an amicus attorney in
248	248	a suit if the person makes any of the disclosures in Subsection (c)
249	249	unless:
250	250	(1) the court finds, after notice and a hearing, that,
251	251	as applicable:
252	252	(A) the person has no conflict of interest with a
253	253	party to the suit, the court, or a child who is the subject of the
254	254	suit;
255	255	(B) the person's previous knowledge of a party to
256	256	the suit, the court, or a child who is the subject of the suit is not
257	257	relevant;
258	258	(C) the person has no pecuniary or fiduciary
259	259	relationship with an attorney in the suit who was hired or appointed
260	260	after the person's appointment as an amicus attorney; or
261	261	(D) the person has no conflict of interest with
262	262	another person who participates in the suit in a professional
263	263	capacity; or
264	264	(2) the parties agree in writing to the person's
265	265	continued appointment as an amicus attorney.
266	266	(e) A person who has a preexisting relationship with an
267	267	attorney for a party to the suit or a professional participating in
268	268	the suit is not disqualified from being an amicus attorney if the
269	269	relationship was formed in a professional setting such as service
270	270	to the community or a bar association.
271	271	Sec. 107.026. AMICUS ATTORNEY STANDARD OF CARE. (a) Except
272	272	as provided by this title, an amicus attorney is subject to the
273	273	professional standards of care and ethical standards necessary to
274	274	remain in good standing with the State Bar of Texas.
275	275	(b) A court may impose requirements or adopt local rules
276	276	applicable to an amicus attorney that do not conflict with this
277	277	subchapter.
278	278	Sec. 107.0265. POWERS AND DUTIES OF AMICUS ATTORNEY. (a)
279	279	Subject to specific limitations given in an order of appointment
280	280	under Section 107.024, an amicus attorney's primary duty is to:
281	281	(1) review the facts and circumstances of the case;
282	282	and
283	283	(2) advocate the best interests of a child who is the
284	284	subject of the suit.
285	285	(b) In performing the duties under Subsection (a), an amicus
286	286	attorney is not bound by the expressed objectives of a child who is
287	287	the subject of the suit.
288	288	(c) An amicus attorney appointed to assist the court:
289	289	(1) shall:
290	290	(A) subject to Rules 4.02, 4.03, and 4.04, Texas
291	291	Disciplinary Rules of Professional Conduct, and within a reasonable
292	292	time after the appointment, interview:
293	293	(i) the child in a developmentally
294	294	appropriate manner, if the child is four years of age or older;
295	295	(ii) each person who has significant
296	296	knowledge of the child's history and condition, including any
297	297	foster parent of the child; and
298	298	(iii) the parties to the suit;
299	299	(B) seek to elicit and assess the child's view in
300	300	a developmentally appropriate manner;
301	301	(C) consider the impact on the child in
302	302	formulating the attorney's presentation of the child's expressed
303	303	objectives of representation to the court;
304	304	(D) investigate the facts of the case to the
305	305	extent the attorney considers appropriate;
306	306	(E) obtain and review copies of relevant records
307	307	relating to the child as provided by Section 107.006;
308	308	(F) participate in the conduct of the litigation
309	309	to the same extent as an attorney for a party;
310	310	(G) take any action consistent with the child's
311	311	interests that the attorney considers necessary to expedite the
312	312	proceedings;
313	313	(H) encourage settlement and the use of
314	314	alternative forms of dispute resolution;
315	315	(I) review and sign, or decline to sign, a
316	316	proposed or agreed order affecting the child;
317	317	(J) on the request of any party, disclose the
318	318	name, address, and phone number of each person interviewed or
319	319	consulted; and
320	320	(K) on the request of any party, make available
321	321	documents obtained by the amicus attorney for copying;
322	322	(2) may be required by the court to perform additional
323	323	tasks, including:
324	324	(A) conducting additional interviews with each
325	325	child who is the subject of the suit to:
326	326	(i) ensure balanced and impartial
327	327	representation by the amicus attorney; and
328	328	(ii) observe each child while in the care of
329	329	each party to the suit;
330	330	(B) interviewing other individuals, including,
331	331	at the discretion of the amicus attorney, a child who:
332	332	(i) is not less than four years of age; and
333	333	(ii) resides part-time or full-time in a
334	334	residence where a child who is the subject of the suit resides
335	335	part-time or full-time;
336	336	(C) visiting the residence of each party seeking
337	337	conservatorship or possession of or access to a child who is the
338	338	subject of the suit; or
339	339	(D) reviewing any information the court
340	340	determines is relevant; and
341	341	(3) is entitled to:
342	342	(A) request clarification from the court if the
343	343	role of the amicus attorney is ambiguous;
344	344	(B) request a hearing or trial on the merits;
345	345	(C) consent or refuse to consent to an interview
346	346	of the child by another attorney;
347	347	(D) receive a copy of each pleading or other
348	348	paper filed with the court;
349	349	(E) receive notice of each hearing in the suit;
350	350	(F) participate in any case staffing concerning
351	351	the child conducted by the Department of Family and Protective
352	352	Services;
353	353	(G) attend all legal proceedings in the suit; and
354	354	(H) make arguments during legal proceedings,
355	355	including:
356	356	(i) summarizing evidence; and
357	357	(ii) suggesting reasonable inferences and
358	358	deductions drawn from the evidence.
359	359	(d) In preparing for and conducting an interview with a
360	360	child, an amicus attorney shall:
361	361	(1) explain the role of an amicus attorney to the child
362	362	in a developmentally appropriate manner;
363	363	(2) inform the child in a developmentally appropriate
364	364	manner that the amicus attorney may use information the child
365	365	provides in assisting the court; and
366	366	(3) become familiar with the American Bar
367	367	Association's standards of practice for attorneys who represent
368	368	children in custody cases.
369	369	(e) The disclosure required by Subsections (c)(1)(J) and
370	370	(K):
371	371	(1) shall not be construed to require disclosure of an
372	372	amicus attorney's notes or attorney work product; and
373	373	(2) is subject to supplementation under Rule 193.5,
374	374	Texas Rules of Civil Procedure.
375	375	Sec. 107.027. LIMITATIONS ON AMICUS ATTORNEY POWERS. (a)
376	376	An amicus attorney may not:
377	377	(1) offer an opinion regarding conservatorship or
378	378	possession of or access to a child subject to a suit;
379	379	(2) engage in ex parte communications with the court;
380	380	(3) be compelled to produce attorney work product
381	381	developed during the appointment as an amicus attorney;
382	382	(4) except as required under Section
383	383	107.0265(c)(1)(J) or (K), be required to disclose the source of any
384	384	information;
385	385	(5) submit a report into evidence; or
386	386	(6) testify in court, except:
387	387	(A) as authorized under Rule 3.08, Texas
388	388	Disciplinary Rules of Professional Conduct; or
389	389	(B) as necessary for the court to make a
390	390	determination relating to the qualifications, conflicts of
391	391	interest, bias, or removal of the amicus attorney.
392	392	(b) Subsection (a) does not apply to the duty of an attorney
393	393	to report child abuse or neglect under Section 261.101.
394	394	Sec. 107.0275. REMOVAL OF AMICUS ATTORNEY. The court:
395	395	(1) may remove an amicus attorney if the parties agree
396	396	to the removal; and
397	397	(2) shall remove an amicus attorney if, after notice
398	398	and hearing, the court finds that the amicus attorney:
399	399	(A) does not have the minimum qualifications to
400	400	serve as an amicus attorney under Section 107.0245 or 107.025;
401	401	(B) has a conflict of interest or bias under
402	402	Section 107.0255(a) that is not exempted under that section;
403	403	(C) fails to perform duties under Section
404	404	107.0265 or ordered by the court;
405	405	(D) violates a standard of care under Section
406	406	107.026; or
407	407	(E) requests to be removed because a party to the
408	408	suit has prevented the amicus attorney from fulfilling the duties
409	409	of the amicus attorney.
410	410	SECTION 7. Section 107.005, Family Code, is repealed.
411	411	SECTION 8. The changes in law made by this Act apply only to
412	412	a suit affecting the parent-child relationship that is filed on or
413	413	after the effective date of this Act. A suit affecting the
414	414	parent-child relationship filed before the effective date of this
415	415	Act is governed by the law in effect on the date the suit was filed,
416	416	and the former law is continued in effect for that purpose.
417	417	SECTION 9. This Act takes effect September 1, 2025.