Texas 2025 - 89th Regular

Texas Senate Bill SB323

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to special appointments in suits affecting the parent-child relationship.

Impact

Upon enactment, SB323 could significantly impact how courts approach cases related to child custody and welfare. The bill mandates that amicus attorneys must be compensated for their services, balancing the need for legal representation with financial implications for the parties involved. Additionally, the introduction of minimum qualifications for amicus attorneys is likely to enhance the quality of representation provided in custody disputes, potentially leading to better outcomes for children involved in these legal proceedings. Furthermore, this bill places a strong emphasis on considerations of language access and clear communication between attorneys and non-English speaking parents or children, promoting inclusivity in legal processes.

Summary

SB323 aims to establish new guidelines regarding the appointment of amicus attorneys in suits affecting the parent-child relationship in Texas. The bill revises the definition of 'amicus attorney' to clarify their role as a legal advisor to the court, focused on protecting the child's best interests rather than directly representing a child. The legislation stipulates the powers, duties, and qualifications necessary for an amicus attorney, ensuring they are adequately trained in child advocacy or possess equivalent experience. Overall, this alteration seeks to streamline the role of amicus attorneys within family law cases.

Contention

Discussions surrounding SB323 indicate potential points of contention regarding the balance between cost and the best interests of the child. While supporters argue that having a qualified amicus attorney can benefit children by ensuring their interests are represented, critics may express concern regarding the financial burden this could place on families involved in custody disputes. Additionally, the requirement for courts to assess potential conflicts of interest before appointing amicus attorneys might lead to challenges or delays in legal proceedings, especially in areas with fewer qualified legal professionals.

Texas Constitutional Statutes Affected

Family Code

  • Chapter 107. Special Appointments, Child Custody Evaluations, And Adoption Evaluations
    • Section: New Section

Companion Bills

TX HB2530

Identical Relating to special appointments in suits affecting the parent-child relationship.

Similar Bills

TX SB43

Relating to special appointments in suits affecting the parent-child relationship.

TX SB13

Relating to special appointments in suits affecting the parent-child relationship.

TX SB24

Relating to special appointments in suits affecting the parent-child relationship.

TX SB19

Relating to special appointments in suits affecting the parent-child relationship.

TX HB1544

Relating to special appointments in suits affecting the parent-child relationship.

TX SB2277

Relating to special appointments in suits affecting the parent-child relationship.

TX HB2530

Relating to special appointments in suits affecting the parent-child relationship.