Texas 2025 - 89th Regular

Texas House Bill HB4890 Compare Versions

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

Old	New	Differences
1	1	89R13573 AMF-D
2	2	By: Moody H.B. No. 4890
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the appointment of attorneys ad litem and the
10	10	compensation of certain attorneys ad litem in suits affecting the
11	11	parent-child relationship filed by a governmental entity.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 107.012, Family Code, is amended to read
14	14	as follows:
15	15	Sec. 107.012. MANDATORY APPOINTMENT OF ATTORNEY AD LITEM
16	16	FOR CHILD. In a suit filed by a governmental entity under Subtitle
17	17	E [requesting termination of the parent-child relationship or to be
18	18	named conservator of a child], the court shall appoint an attorney
19	19	ad litem to represent the interests of the child immediately after
20	20	the filing, but before the full adversary hearing, to ensure
21	21	adequate representation of the child.
22	22	SECTION 2. Section 107.013(a), Family Code, is amended to
23	23	read as follows:
24	24	(a) In a suit filed by a governmental entity under Subtitle
25	25	E [in which termination of the parent-child relationship or the
26	26	appointment of a conservator for a child is requested], the court
27	27	shall appoint an attorney ad litem to represent the interests of:
28	28	(1) an indigent parent of the child who responds in
29	29	opposition to the termination or appointment;
30	30	(2) a parent served by citation by publication;
31	31	(3) an alleged father who failed to register with the
32	32	registry under Chapter 160 and whose identity or location is
33	33	unknown; and
34	34	(4) an alleged father who registered with the
35	35	paternity registry under Chapter 160, but the petitioner's attempt
36	36	to personally serve citation at the address provided to the
37	37	registry and at any other address for the alleged father known by
38	38	the petitioner has been unsuccessful.
39	39	SECTION 3. Section 107.015, Family Code, is amended by
40	40	amending Subsection (c) and adding Subsections (e) and (f) to read
41	41	as follows:
42	42	(c) If indigency of the parents is shown, an attorney ad
43	43	litem appointed to represent a child or parent in a suit filed by a
44	44	governmental entity under Subtitle E who is not an employee of an
45	45	office of child representation, office of parent representation, or
46	46	other entity that uses public money to provide legal representation
47	47	to children or parents in a suit filed by a governmental entity
48	48	under Subtitle E shall be paid from the general funds of the county
49	49	according to the fee schedule adopted under Section 107.0155 [that
50	50	applies to an attorney appointed to represent a child in a suit
51	51	under Title 3 as provided by Chapter 51]. The court may not award
52	52	attorney ad litem fees under this chapter against the state, a state
53	53	agency, or a political subdivision of the state except as provided
54	54	by this subsection.
55	55	(e) A court may remove a person from the list maintained by
56	56	the court of persons qualified for appointment as attorney or
57	57	guardian ad litem if, after notice and a hearing, the court
58	58	determines the person submitted a voucher or claim for payment
59	59	under Subsection (d) for services the person did not perform.
60	60	(f) A person whose voucher or claim for payment under
61	61	Subsection (d) was denied or modified by the court or has not been
62	62	approved by the court by the 60th day after the date the voucher or
63	63	claim for payment was submitted may file a petition addressed to the
64	64	presiding judge of the administrative judicial region to compel
65	65	payment or to appeal the denial or modification of the payment. The
66	66	presiding judge of the administrative judicial region shall review
67	67	the petition for payment filed under this section, determine the
68	68	amount due to the petitioner, and order the commissioners court to
69	69	pay that amount not later than the 45th day after the date a
70	70	petition is filed under this subsection. The presiding judge of the
71	71	administrative judicial region may hold a hearing in a proceeding
72	72	described by this subsection.
73	73	SECTION 4. Part 1, Subchapter B, Chapter 107, Family Code,
74	74	is amended by adding Section 107.0155 to read as follows:
75	75	Sec. 107.0155. FEE SCHEDULE FOR CERTAIN ATTORNEYS AD LITEM.
76	76	(a) Each court in a county hearing suits filed by a governmental
77	77	entity under Subtitle E shall jointly develop, adopt, and submit to
78	78	the commissioners court of the county a fee schedule for the
79	79	compensation of an attorney ad litem described by Section
80	80	107.015(c) that includes:
81	81	(1) payments for:
82	82	(A) time spent in court making an appearance on
83	83	behalf of the parent or child in the case, including in an appellate
84	84	court; and
85	85	(B) reasonable and necessary time spent out of
86	86	court on the case, including in the preparation of an appeal; and
87	87	(2) reimbursement for reasonable and necessary
88	88	expenses.
89	89	(b) A fee schedule adopted under Subsection (a) must:
90	90	(1) describe with specificity services and expenses
91	91	eligible for payment or reimbursement;
92	92	(2) include an hourly or fixed payment rate based on:
93	93	(A) reasonable and necessary time spent on a
94	94	case;
95	95	(B) reasonable and necessary overhead costs
96	96	associated with a case; and
97	97	(C) the availability of qualified attorneys
98	98	willing to serve at the rate; and
99	99	(3) include a form for the itemization of services and
100	100	expenses for a claim for payment under Section 107.015(d).
101	101	SECTION 5. Section 107.252, Family Code, is amended to read
102	102	as follows:
103	103	Sec. 107.252. APPLICABILITY. This subchapter applies to a
104	104	suit filed by a governmental entity [seeking termination of the
105	105	parent-child relationship or the appointment of a conservator for a
106	106	child] in which appointment of an attorney is required under
107	107	Section 107.012 or 107.013.
108	108	SECTION 6. Section 107.254, Family Code, is amended to read
109	109	as follows:
110	110	Sec. 107.254. OFFICE OF CHILD REPRESENTATION. An office of
111	111	child representation is an entity that uses public money to provide
112	112	legal representation and services for a child in a suit filed by a
113	113	governmental entity [seeking termination of the parent-child
114	114	relationship or the appointment of a conservator for the child] in
115	115	which appointment is mandatory for a child under Section 107.012.
116	116	SECTION 7. Section 107.255, Family Code, is amended to read
117	117	as follows:
118	118	Sec. 107.255. OFFICE OF PARENT REPRESENTATION. An office
119	119	of parent representation is an entity that uses public money to
120	120	provide legal representation and services for a parent in a suit
121	121	filed by a governmental entity [seeking termination of the
122	122	parent-child relationship or the appointment of a conservator for a
123	123	child] in which appointment is mandatory for a parent under Section
124	124	107.013.
125	125	SECTION 8. Section 107.260(a), Family Code, is amended to
126	126	read as follows:
127	127	(a) If there is an office of child representation or office
128	128	of parent representation serving a county, a court in that county
129	129	shall appoint for a child or parent, as applicable, an attorney from
130	130	the office in a suit filed in the county by a governmental entity in
131	131	which appointment of an attorney is required under Section 107.012
132	132	or 107.013 [seeking termination of the parent-child relationship or
133	133	the appointment of a conservator for the child], unless there is a
134	134	conflict of interest or other reason to appoint a different
135	135	attorney from the list maintained by the court of attorneys
136	136	qualified for appointment under Section 107.012 or 107.013.
137	137	SECTION 9. Section 107.302(a), Family Code, is amended to
138	138	read as follows:
139	139	(a) A managed assigned counsel program may be operated with
140	140	public money for the purpose of appointing counsel to provide legal
141	141	representation and services for a child or parent in a suit filed by
142	142	a governmental entity [seeking termination of the parent-child
143	143	relationship or the appointment of a conservator for the child] in
144	144	which appointment is mandatory for a child under Section 107.012 or
145	145	for a parent under Section 107.013.
146	146	SECTION 10. Section 107.307(a), Family Code, is amended to
147	147	read as follows:
148	148	(a) The judge of a county served by a program shall make any
149	149	appointment required under Section 107.012 or 107.013 in a suit
150	150	filed in the county by a governmental entity [seeking termination
151	151	of the parent-child relationship or the appointment of a
152	152	conservator for the child] from the program's public appointment
153	153	list, unless there is a conflict of interest or other reason to
154	154	appoint a different attorney from the list maintained by the court
155	155	of attorneys qualified for appointment under Section 107.012 or
156	156	107.013.
157	157	SECTION 11. Sections 107.012, 107.013(a), 107.252,
158	158	107.254, 107.255, 107.260(a), 107.302(a), and 107.307(a), Family
159	159	Code, as amended by this Act, apply only to a suit affecting the
160	160	parent-child relationship filed by a governmental entity on or
161	161	after the effective date of this Act.
162	162	SECTION 12. (a) Not later than January 1, 2026, the courts
163	163	in each county hearing suits filed by a governmental entity under
164	164	Subtitle E, Title 5, Family Code, shall adopt the fee schedule
165	165	required by Section 107.0155, Family Code, as added by this Act.
166	166	(b) Section 107.015(c), Family Code, as amended by this Act,
167	167	and Section 107.0155, Family Code, as added by this Act, apply only
168	168	to an attorney ad litem appointed on or after January 1, 2026.
169	169	SECTION 13. This Act takes effect September 1, 2025.