By: Zaffirini S.B. No. 1838
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 107.013(a), Family Code, is amended to
read as follows:
(a) In a suit filed by a governmental entity [under Subtitle
E] in which termination of the parent-child relationship or the
appointment of a conservator for a child is requested, the court
shall appoint an attorney ad litem to represent the interests of:
(1) an indigent parent of the child who responds in
opposition to the termination or appointment;
(2) a parent served by citation by publication;
(3) an alleged father who failed to register with the
registry under Chapter 160 and whose identity or location is
unknown; and
(4) an alleged father who registered with the
paternity registry under Chapter 160, but the petitioner's attempt
to personally serve citation at the address provided to the
registry and at any other address for the alleged father known by
the petitioner has been unsuccessful.
SECTION 2. Section 107.015, Family Code, is amended by
amending Subsections (a) and (c) and adding Subsections (e) and (f)
to read as follows:
(a) An attorney appointed under this chapter or Subtitle E
to serve as an attorney ad litem for a child, an attorney in the dual
role, or an attorney ad litem for a parent is entitled to reasonable
fees and expenses in the amount set by the court to be paid by the
parents of the child unless the parents are indigent.
(c) If indigency of the parents is shown, an attorney ad
litem appointed to represent a child or parent in a suit filed by a
governmental entity who is not an employee of an office of child
representation, office of parent representation, or other entity
that uses public money to provide legal representation to children
or parents in a suit filed by a governmental entity shall be paid
from the general funds of the county according to the fee schedule
adopted under Section 107.0155 [that applies to an attorney
appointed to represent a child in a suit under Title 3 as provided
by Chapter 51]. The court may not award attorney ad litem fees
under this chapter against the state, a state agency, or a political
subdivision of the state except as provided by this subsection.
(e) A court may remove a person from the list maintained by
the court of persons qualified for appointment as attorney or
guardian ad litem if, after notice and a hearing, the court
determines the person submitted a voucher or claim for payment
under Subsection (d) for services the person did not perform.
(f) A person whose voucher or claim for payment under
Subsection (d) was denied or modified by the court or has not been
approved by the court by the 60th day after the date the voucher or
claim for payment was submitted may file a petition addressed to the
presiding judge of the administrative judicial region to compel
payment or to appeal the denial or modification of the payment. The
presiding judge of the administrative judicial region shall review
the petition for payment filed under this section, determine the
amount due to the petitioner, and order the commissioners court to
pay that amount not later than the 45th day after the date a
petition is filed under this subsection. The presiding judge of the
administrative judicial region may hold a hearing in a proceeding
described by this subsection.
SECTION 3. Part 1, Subchapter B, Chapter 107, Family Code,
is amended by adding Section 107.0155 to read as follows:
Sec. 107.0155. FEE SCHEDULE FOR CERTAIN ATTORNEYS AD LITEM.
(a) Each court in a county hearing suits filed by a governmental
entity shall jointly develop, adopt, and submit to the
commissioners court of the county a fee schedule for the
compensation of an attorney ad litem described by Section
107.015(c) that includes:
(1) payments for:
(A) time spent in court making an appearance on
behalf of the parent or child in the case, including in an appellate
court; and
(B) reasonable and necessary time spent out of
court on the case, including in the preparation of an appeal; and
(2) reimbursement for reasonable and necessary
expenses.
(b) A fee schedule adopted under Subsection (a) must:
(1) describe with specificity services and expenses
eligible for payment or reimbursement;
(2) include an hourly or fixed payment rate based on:
(A) reasonable and necessary time spent on a
case;
(B) reasonable and necessary overhead costs
associated with a case; and
(C) the availability of qualified attorneys
willing to serve at the rate; and
(3) include a form for the itemization of services and
expenses for a claim for payment under Section 107.015(d).
SECTION 4. (a) Not later than January 1, 2026, the courts
in each county hearing suits filed by a governmental entity in which
appointment of an attorney ad litem is required under Chapter 107 or
Subtitle E, Title 5, Family Code, shall adopt the fee schedule
required by Section 107.0155, Family Code, as added by this Act.
(b) Section 107.015(c), Family Code, as amended by this Act,
and Section 107.0155, Family Code, as added by this Act, apply only
to an attorney ad litem appointed on or after January 1, 2026.
SECTION 5. This Act takes effect September 1, 2025.