Texas 2025 - 89th Regular

Texas House Bill HB5551 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Moody H.B. No. 5551
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		Relating to the appointment of attorneys ad litem and the
7	9		compensation of certain attorneys ad litem in suits affecting the
8	10		parent-child relationship filed by a governmental entity.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 107.015, Family Code, is amended by
11	13		amending Subsections (a) and (c) and adding Subsections (e) and (f)
12	14		to read as follows:
13	15		(a) An attorney appointed under this chapter, chapter 262,
14	16		or chapter 264 to serve as an attorney ad litem for a child, an
15	17		attorney in the dual role, or an attorney ad litem for a parent is
16	18		entitled to reasonable fees and expenses in the amount set by the
17	19		court to be paid by the parents of the child unless the parents are
18	20		indigent.
19	21		(c) If indigency of the parents is shown, an attorney ad
20	22		litem appointed to represent a child or parent in a suit filed by a
21	23		governmental entity under Title 5 who is not an employee of an
22	24		office of child representation, office of parent representation, or
23	25		other entity that uses public money to provide legal representation
24	26		to children or parents in a suit filed by a governmental entity
25	27		under Title 5 shall be paid from the general funds of the county
26	28		according to the fee schedule adopted under Section 107.0155 [that
27	29		applies to an attorney appointed to represent a child in a suit
28	30		under Title 3 as provided by Chapter 51]. The court may not award
29	31		attorney ad litem fees under this chapter against the state, a state
30	32		agency, or a political subdivision of the state except as provided
31	33		by this subsection.
32	34		(e) A court may remove a person from the list maintained by
33	35		the court of persons qualified for appointment as attorney or
34	36		guardian ad litem if, after notice and a hearing, the court
35	37		determines the person submitted a voucher or claim for payment
36	38		under Subsection (d) for services the person did not perform.
37	39		(f) A person whose voucher or claim for payment under
38	40		Subsection (d) was denied or modified by the court or has not been
39	41		approved by the court by the 60th day after the date the voucher or
40	42		claim for payment was submitted may file a petition addressed to the
41	43		presiding judge of the administrative judicial region to compel
42	44		payment or to appeal the denial or modification of the payment.
43	45		The presiding judge of the administrative judicial region shall
44	46		review the petition for payment filed under this section, determine
45	47		the amount due to the petitioner, and order the commissioners court
46	48		to pay that amount not later than the 45th day after the date a
47	49		petition is filed under this subsection. The presiding judge of the
48	50		administrative judicial region may hold a hearing in a proceeding
49	51		described by this subsection.
50	52		SECTION 2. Part 1, Subchapter B, Chapter 107, Family Code,
51	53		is amended by adding Section 107.0155 to read as follows:
52	54		Sec. 107.0155. FEE SCHEDULE FOR CERTAIN ATTORNEYS AD LITEM.
53	55		(a) Each court in a county hearing suits filed by a governmental
54	56		entity under Title 5 shall jointly develop, adopt, and submit to the
55	57		commissioners court of the county a fee schedule for the
56	58		compensation of an attorney ad litem described by Section
57	59		107.015(c) that includes:
58	60		(1) payments for:
59	61		(A) time spent in court making an appearance on
60	62		behalf of the parent or child in the case, including in an appellate
61	63		court; and
62	64		(B) reasonable and necessary time spent out of
63	65		court on the case, including in the preparation of an appeal; and
64	66		(2) reimbursement for reasonable and necessary
65	67		expenses.
66	68		(b) A fee schedule adopted under Subsection (a) must:
67	69		(1) describe with specificity services and expenses
68	70		eligible for payment or reimbursement;
69	71		(2) include an hourly or fixed payment rate based on:
70	72		(A) reasonable and necessary time spent on a
71	73		case;
72	74		(B) reasonable and necessary overhead costs
73	75		associated with a case; and
74	76		(C) the availability of qualified attorneys
75	77		willing to serve at the rate; and
76	78		(3) include a form for the itemization of services and
77	79		expenses for a claim for payment under Section 107.015(d).
78	80		SECTION 3. Section 107.252, Family Code, is amended to read
79	81		as follows:
80	82		Sec. 107.252. APPLICABILITY. This subchapter applies to a
81	83		suit filed by a governmental entity seeking termination of the
82	84		parent-child relationship or the appointment of a conservator for a
83	85		child in which appointment of an attorney is required under Section
84	86		107.012 or 107.013 or a suit filed under Subtitle E.
85	87		SECTION 4. Section 107.254, Family Code, is amended to read
86	88		as follows:
87	89		Sec. 107.254. OFFICE OF CHILD REPRESENTATION. An office of
88	90		child representation is an entity that uses public money to provide
89	91		legal representation and services for a child in a suit filed by a
90	92		governmental entity seeking termination of the parent-child
91	93		relationship or the appointment of a conservator for the child in
92	94		which appointment is mandatory for a child under Section 107.012 or
93	95		suits filed under Subtitle E.
94	96		SECTION 5. Section 107.255, Family Code, is amended to read
95	97		as follows:
96	98		Sec. 107.255. OFFICE OF PARENT REPRESENTATION. An office
97	99		of parent representation is an entity that uses public money to
98	100		provide legal representation and services for a parent in a suit
99	101		filed by a governmental entity seeking termination of the
100	102		parent-child relationship or the appointment of a conservator for a
101	103		child in which appointment is mandatory for a parent under Section
102	104		107.013 or suits filed under Subtitle E.
103	105		SECTION 6. Section 107.260(a), Family Code, is amended to
104	106		read as follows:
105	107		a) If there is an office of child representation or office
106	108		of parent representation serving a county, a court in that county
107	109		shall appoint for a child or parent, as applicable, an attorney from
108	110		the office in a suit filed in the county by a governmental entity in
109	111		which appointment of an attorney is required under Section 107.012,
110	112		107.013, or Subtitle E [seeking termination of the parent-child
111	113		relationship] unless there is a conflict of interest or other
112	114		reason to appoint a different attorney from the list maintained by
113	115		the court of attorneys qualified for appointment under Section
114	116		107.012 or 107.013.
115	117		SECTION 7. Section 107.302(a), Family Code, is amended to
116	118		read as follows:
117	119		(a) A managed assigned counsel program may be operated with
118	120		public money for the purpose of appointing counsel to provide legal
119	121		representation and services for a child or parent in a suit filed by
120	122		a governmental entity in which appointment is mandatory for a child
121	123		under Section 107.012, for a parent under Section 107.013, or
122	124		Subtitle E.
123	125		SECTION 8. Section 107.307(a), Family Code, is amended to
124	126		read as follows:
125	127		(a) The judge of a county served by a program shall make any
126	128		appointment required under Section 107.012,or 107.013 in a suit
127	129		filed in the county by a governmental entity seeking termination of
128	130		the parent-child relationship or the appointment of a conservator
129	131		for the child, or Subtitle E from the program's public appointment
130	132		list, unless there is a conflict of interest or other reason to
131	133		appoint a different attorney from the list maintained by the court
132	134		of attorneys qualified for appointment under Section 107.012 or
133	135		107.013.
134	136		SECTION 9. Sections 107.252, 107.254, 107.255, 107.260(a),
135	137		107.302(a), and 107.307(a), Family Code, as amended by this Act,
136	138		apply only to a suit affecting the parent-child relationship or
137	139		suit under Subtitle E filed by a governmental entity on or after the
138	140		effective date of this Act.
139	141		SECTION 10. (a) Not later than January 1, 2026, the courts
140	142		in each county hearing suits filed by a governmental entity under
141	143		Title 5, Family Code, shall adopt the fee schedule required by
142	144		Section 107.0155, Family Code, as added by this Act.
143	145		(b) Section 107.015(c), Family Code, as amended by this Act,
144	146		and Section 107.0155, Family Code, as added by this Act, apply only
145	147		to an attorney ad litem appointed on or after January 1, 2026.
146	148		SECTION 11. This Act takes effect September 1, 2025.