Texas 2025 - 89th Regular

Texas Senate Bill SB2501 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R10962 AMF-F
1	2		By: Zaffirini S.B. No. 2501
2		-	(In the Senate - Filed March 13, 2025; April 3, 2025, read
3		-	first time and referred to Committee on Jurisprudence; May 1, 2025,
4		-	reported adversely, with favorable Committee Substitute by the
5		-	following vote: Yeas 5, Nays 0; May 1, 2025, sent to printer.)
6		-	Click here to see the committee vote
7		-	COMMITTEE SUBSTITUTE FOR S.B. No. 2501 By: Hughes
8	3
9	4
10	5
11	6
12	7		A BILL TO BE ENTITLED
13	8		AN ACT
14		-	relating to selection of an attorney by an indigent parent as
15		-	attorney ad litem for the parent in certain suits ~~affecting the~~
16		-	parent-child relationship.
	9	+	relating to selection of an attorney by an indigent parent for
	10	+	appointment as attorney ad litem for the parent in certain suits
	11	+	affecting the parent-child relationship.
17	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18		-	SECTION 1. Sections 107.013(a) and (a-1), Family Code, are
19		-	amended to read as follows:
20		-	(a) Subject to Section 107.01301, in [In] a suit filed by a
21		-	governmental entity under Subtitle E in which termination of the
22		-	parent-child relationship or the appointment of a conservator for a
23		-	child is requested, the court shall appoint an attorney ad litem to
24		-	represent the interests of:
25		-	(1) an indigent parent of the child who responds in
26		-	opposition to the termination or appointment;
27		-	(2) a parent served by citation by publication;
28		-	(3) an alleged father who failed to register with the
29		-	registry under Chapter 160 and whose identity or location is
30		-	unknown; and
31		-	(4) an alleged father who registered with the
32		-	paternity registry under Chapter 160, but the petitioner's attempt
33		-	to personally serve citation at the address provided to the
34		-	registry and at any other address for the alleged father known by
35		-	the petitioner has been unsuccessful.
36		-	(a-1) In a suit described by Subsection (a), if a parent is
37		-	not represented by an attorney at the parent's first appearance in
38		-	court, the court shall inform the parent of:
39		-	(1) the right to be represented by an attorney; and
40		-	(2) if the parent is indigent and appears in
41		-	opposition to the suit, the right to an attorney ad litem appointed
42		-	by the court or an attorney selected by the parent and compensated
43		-	by the county under Section 107.01301.
44		-	SECTION 2. Subchapter B, Chapter 107, Family Code, is
45		-	amended by adding Section 107.01301 to read as follows:
46		-	Sec. 107.01301. SELECTION OF ATTORNEY AD LITEM BY INDIGENT
47		-	PARENT. (a) A parent who the court has determined is indigent for
48		-	the purposes of Section 107.013 may select an attorney to represent
49		-	the parent in a suit described by Section 107.013(a).
50		-	(b) An attorney selected by a parent under Subsection (a)
51		-	must:
52		-	(1) be licensed to practice law in this state;
53		-	(2) be in good standing with the State Bar of Texas;
54		-	and
55		-	(3) meet the applicable continuing education
56		-	requirements of Section 107.0131.
57		-	(c) The selection of an attorney by a parent under
58		-	Subsection (a) is independent of any appointment system implemented
59		-	by the court, including the rotation system described by Section
60		-	37.004, Government Code. The court may not take any action that
61		-	influences, directs, or interferes with the selection of an
62		-	attorney by a parent under Subsection (a).
63		-	(d) An attorney selected by a parent under Subsection (a)
64		-	shall serve as the parent's counsel of record upon filing with the
65		-	court a notice of appearance and, if the parent is represented by
66		-	other counsel, a motion to substitute counsel with the court. The
67		-	filing of the notice and, if applicable, the motion is a ministerial
68		-	act and does not require the approval of the court. The court's
69		-	review of a notice and motion filed under this subsection shall be
70		-	limited to confirming the attorney meets the requirements of
71		-	Subsection (b). Upon confirming an attorney selected by a parent
72		-	under Subsection (a) meets the requirements of Subsection (b), the
73		-	court shall:
74		-	(1) grant attorney's motion to substitute counsel, if
75		-	applicable; and
	13	+	SECTION 1. Section 107.013, Family Code, is amended by
	14	+	adding Subsections (f) and (g) to read as follows:
	15	+	(f) A parent who the court has determined is indigent for
	16	+	the purposes of this section may select an attorney who is licensed
	17	+	to practice law in this state and is in good standing with the State
	18	+	Bar of Texas to represent the parent in a suit described by
	19	+	Subsection (a). If the court determines the attorney selected by
	20	+	the parent is otherwise qualified for appointment as attorney ad
	21	+	litem under Section 107.0131, the court shall:
	22	+	(1) appoint the attorney selected by the parent as
	23	+	attorney ad litem for the parent under this section; and
76	24		(2) terminate the appointment of any previously
77		-	appointed attorney ad litem for the parent.
78		-	(e) A court may not:
79		-	(1) deny or delay approval of a motion under
80		-	Subsection (d) except to confirm that the attorney meets the
81		-	requirements of Subsection (b); or
82		-	(2) impose any additional requirements on the attorney
83		-	other than those described by Subsection (b).
84		-	(f) An attorney serving as attorney ad litem for a parent
85		-	under this section:
86		-	(1) has the powers and duties described by Section
87		-	107.0131 or 107.0132, as applicable; and
88		-	(2) is subject to disciplinary action as provided by
89		-	Section 107.0133.
90		-	(g) Payment for services rendered by an attorney serving as
91		-	attorney ad litem for a parent under this section shall be:
92		-	(1) equal to the payments made to an attorney
93		-	appointed under Section 107.013 to serve as attorney ad litem for an
94		-	indigent parent;
95		-	(2) made in accordance with existing payment
96		-	procedures applicable to an attorney appointed under Section
97		-	107.013 to serve as attorney ad litem for an indigent parent; and
98		-	(3) paid from the general funds of the county.
99		-	(h) A court may not adopt or enforce local rules that
100		-	conflict with this section, impose additional requirements on the
101		-	selection of an attorney under this section, or otherwise interfere
102		-	with the right of a parent to select an attorney under Subsection
103		-	(a). Interference with the selection of an attorney by a parent
104		-	under Subsection (a) for financial gain or favoritism is a
105		-	violation of judicial ethics and may subject a judge to discipline
106		-	under the Code of Judicial Conduct or prosecution under the penal
107		-	laws of this state, including Section 36.02 or 36.08, Penal Code, as
108		-	applicable.
109		-	(i) This section does not limit the authority of a court to
110		-	remove an attorney for good cause under applicable law.
111		-	(j) The Office of Court Administration of the Texas Judicial
112		-	System may adopt rules necessary to implement this section.
113		-	SECTION 3. The change in law made by this Act applies only
	25	+	appointed attorney ad litem for the parent on the filing of a notice
	26	+	of appearance by the attorney selected by the parent.
	27	+	(g) An attorney selected by a parent and appointed as
	28	+	attorney ad litem for the parent under Subsection (f):
	29	+	(1) is subject to all provisions of this chapter and
	30	+	Subtitle E applicable to an attorney ad litem for a parent,
	31	+	including provisions related to attorney discipline; and
	32	+	(2) is entitled to the compensation provided by
	33	+	Section 107.015.
	34	+	SECTION 2. The change in law made by this Act applies only
114	35		to a suit affecting the parent-child relationship that is filed on
115	36		or after the effective date of this Act. A suit affecting the
116	37		parent-child relationship filed before the effective date of this
117	38		Act is governed by the law in effect on the date the suit was filed,
118	39		and the former law is continued in effect for that purpose.
119		-	SECTION 4. As soon as practicable after the effective date
120		-	of this Act but not later than January 1, 2026, the Office of Court
121		-	Administration of the Texas Judicial System shall adopt rules
122		-	necessary to implement Section 107.01301, Family Code, as added by
123		-	this Act.
124		-	SECTION 5. This Act takes effect September 1, 2025.
125		-	* * * * *
	40	+	SECTION 3. This Act takes effect September 1, 2025.