Texas 2025 - 89th Regular

Texas House Bill HB5551

Filed
3/14/25  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the appointment of attorneys ad litem and the compensation of certain attorneys ad litem in suits affecting the parent-child relationship filed by a governmental entity.

Impact

This legislation is significant as it seeks to enhance legal representation for parents and children in cases where their rights may be at risk, particularly in sensitive issues related to parental rights termination or conservatorship appointments. By establishing a clearer framework for the payment of attorneys ad litem, the bill aims to ensure that qualified legal representatives are accessible, particularly for parents unable to afford private representation. Furthermore, it mandates the formation of a fee schedule to standardize how such attorneys are compensated, which could alleviate concerns over inconsistent payment practices across jurisdictions.

Summary

House Bill 5551 addresses the appointment and compensation of attorneys ad litem in suits involving the parent-child relationship, particularly those filed by governmental entities. The bill amends existing sections of the Family Code to clarify the circumstances under which an attorney ad litem must be appointed and the conditions for compensation. Specifically, it details the rights of indigent parents and outlines the procedures for fee determination and payment, ensuring that representation is provided when necessary and that compensation for attorneys is handled through a structured fee schedule.

Sentiment

The general sentiment surrounding HB 5551 is supportive among legal professionals advocating for children's and parents' rights, emphasizing the importance of qualified representation in family law matters. However, there may be contention regarding budget implications for counties tasked with implementing the new fee structures. Advocates highlight the necessity of this bill to protect vulnerable families, while some local officials may express concern about the financial burdens posed by mandated compensation regulations.

Contention

Notable points of contention primarily stem from concerns about funding and resource allocation for counties implementing the changes mandated by the bill. Local governments may worry about the potential increases in expenses related to attorney fees, which would be borne by county funds when indigent parents are involved. Additionally, there may be discussions on the bill's feasibility in terms of timely payment for attorneys ad litem, especially in regions where budget constraints are prevalent. The debate continues on balancing the need for adequate legal representation with the financial responsibilities placed on county resources.

Texas Constitutional Statutes Affected

Family Code

  • Chapter 107. Special Appointments, Child Custody Evaluations, And Adoption Evaluations
    • Section: 015
    • Section: New Section
    • Section: 252
    • Section: 254
    • Section: 255
    • Section: 260
    • Section: 302
    • Section: 307
    • Section: 015
    • Section: New Section
    • Section: 252
    • Section: 254
    • Section: 255
    • Section: 260
    • Section: 302
    • Section: 307
    • Section: 013
    • Section: 015
    • Section: 013
    • Section: 015

Companion Bills

TX SB1838

Identical Relating to the appointment of attorneys ad litem and the compensation of certain attorneys ad litem in suits affecting the parent-child relationship filed by a governmental entity.

Similar Bills

IL SB2087

STATES ATTY-PEACE OFCR-PRIVACY

IL SB3671

STATES ATTY-PEACE OFCR-PRIVACY

CA SB605

State attorneys and administrative law judges: compensation.

CA AB1163

Minors: power of attorney to care for a minor child.

CA SB1109

Adoption.

CA SB710

District attorneys: conflicts of interest.

CA AB2083

Public utilities: rates.

CA AB894

Attorney General: directors and employees: exemption from civil service.