By: Zaffirini S.B. No. 2501
(In the Senate - Filed March 13, 2025; April 3, 2025, read
first time and referred to Committee on Jurisprudence; May 1, 2025,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 5, Nays 0; May 1, 2025, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2501 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to selection of an attorney by an indigent parent as
attorney ad litem for the parent in certain suits affecting the
parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 107.013(a) and (a-1), Family Code, are
amended to read as follows:
(a) Subject to Section 107.01301, in [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.
(a-1) In a suit described by Subsection (a), if a parent is
not represented by an attorney at the parent's first appearance in
court, the court shall inform the parent of:
(1) the right to be represented by an attorney; and
(2) if the parent is indigent and appears in
opposition to the suit, the right to an attorney ad litem appointed
by the court or an attorney selected by the parent and compensated
by the county under Section 107.01301.
SECTION 2. Subchapter B, Chapter 107, Family Code, is
amended by adding Section 107.01301 to read as follows:
Sec. 107.01301. SELECTION OF ATTORNEY AD LITEM BY INDIGENT
PARENT. (a) A parent who the court has determined is indigent for
the purposes of Section 107.013 may select an attorney to represent
the parent in a suit described by Section 107.013(a).
(b) An attorney selected by a parent under Subsection (a)
must:
(1) be licensed to practice law in this state;
(2) be in good standing with the State Bar of Texas;
and
(3) meet the applicable continuing education
requirements of Section 107.0131.
(c) The selection of an attorney by a parent under
Subsection (a) is independent of any appointment system implemented
by the court, including the rotation system described by Section
37.004, Government Code. The court may not take any action that
influences, directs, or interferes with the selection of an
attorney by a parent under Subsection (a).
(d) An attorney selected by a parent under Subsection (a)
shall serve as the parent's counsel of record upon filing with the
court a notice of appearance and, if the parent is represented by
other counsel, a motion to substitute counsel with the court. The
filing of the notice and, if applicable, the motion is a ministerial
act and does not require the approval of the court. The court's
review of a notice and motion filed under this subsection shall be
limited to confirming the attorney meets the requirements of
Subsection (b). Upon confirming an attorney selected by a parent
under Subsection (a) meets the requirements of Subsection (b), the
court shall:
(1) grant attorney's motion to substitute counsel, if
applicable; and
(2) terminate the appointment of any previously
appointed attorney ad litem for the parent.
(e) A court may not:
(1) deny or delay approval of a motion under
Subsection (d) except to confirm that the attorney meets the
requirements of Subsection (b); or
(2) impose any additional requirements on the attorney
other than those described by Subsection (b).
(f) An attorney serving as attorney ad litem for a parent
under this section:
(1) has the powers and duties described by Section
107.0131 or 107.0132, as applicable; and
(2) is subject to disciplinary action as provided by
Section 107.0133.
(g) Payment for services rendered by an attorney serving as
attorney ad litem for a parent under this section shall be:
(1) equal to the payments made to an attorney
appointed under Section 107.013 to serve as attorney ad litem for an
indigent parent;
(2) made in accordance with existing payment
procedures applicable to an attorney appointed under Section
107.013 to serve as attorney ad litem for an indigent parent; and
(3) paid from the general funds of the county.
(h) A court may not adopt or enforce local rules that
conflict with this section, impose additional requirements on the
selection of an attorney under this section, or otherwise interfere
with the right of a parent to select an attorney under Subsection
(a). Interference with the selection of an attorney by a parent
under Subsection (a) for financial gain or favoritism is a
violation of judicial ethics and may subject a judge to discipline
under the Code of Judicial Conduct or prosecution under the penal
laws of this state, including Section 36.02 or 36.08, Penal Code, as
applicable.
(i) This section does not limit the authority of a court to
remove an attorney for good cause under applicable law.
(j) The Office of Court Administration of the Texas Judicial
System may adopt rules necessary to implement this section.
SECTION 3. The change in law made by this Act applies only
to a suit affecting the parent-child relationship that is filed on
or after the effective date of this Act. A suit affecting the
parent-child relationship filed before the effective date of this
Act is governed by the law in effect on the date the suit was filed,
and the former law is continued in effect for that purpose.
SECTION 4. As soon as practicable after the effective date
of this Act but not later than January 1, 2026, the Office of Court
Administration of the Texas Judicial System shall adopt rules
necessary to implement Section 107.01301, Family Code, as added by
this Act.
SECTION 5. This Act takes effect September 1, 2025.
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