Dutton Bill’s $250 Pay Floor Covers Only 3M-Plus Counties

The text as introduced · 652 words

89R3626 AMF-D

By: Dutton
H.B. No. 2353

A BILL TO BE ENTITLED

AN ACT

relating to compensation for an attorney ad litem appointed in a

suit affecting the parent-child relationship filed by a

governmental entity.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 107.015, Family Code, is amended to read

as follows:

Sec. 107.015. ATTORNEY FEES. (a) An attorney appointed

under this chapter to serve as an attorney ad litem for a child, an

attorney in the dual role, or an attorney ad litem for a parent in a

suit filed by a governmental entity is entitled to reasonable fees

and expenses in the amount set by the court , subject to Subsection

(e), to be paid by the parents of the child unless the parents are

indigent.

(b) If the court determines that one or more of the parties

are able to defray the fees and expenses of an attorney ad litem [ or

guardian ad litem ] for the child or attorney in the dual role as

determined by the reasonable and customary fees for similar

services in the county of jurisdiction or under Subsection (e), as

applicable , the fees and expenses may be ordered paid by one or more

of those parties, or the court may order one or more of those

parties, prior to final hearing, to pay the sums into the registry

of the court or into an account authorized by the court for the use

and benefit of the payee on order of the court. The sums may be

taxed as costs to be assessed against one or more of the parties.

(c) If indigency of the parents is shown, an attorney ad

litem appointed to represent a child , an attorney appointed in a

dual role, or an attorney ad litem appointed to represent a parent

in a suit filed by a governmental entity shall be paid from the

general funds of the county according to the fee schedule that

applies to an attorney appointed to represent a child in a suit

under Title 3 as provided by Chapter 51 or according to Subsection

(e), as applicable . 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.

(d) A person appointed as an [ a guardian ad litem or ]

attorney ad litem for a child, an attorney in a dual role, or an

attorney ad litem for a parent in a suit filed by a governmental

entity shall complete and submit to the court a voucher or claim for

payment that lists the fees charged and hours worked by the

[ guardian ad litem or ] attorney [ ad litem ]. Information submitted

under this section is subject to disclosure under Chapter 552,

Government Code. A court in a county with a population of three

million or more may not modify a voucher or claim for payment

submitted by an attorney under this subsection to reduce the

payment to the attorney.

(e) In a county with a population of three million or more, a

court shall set the hourly rate for an attorney ad litem appointed

to represent a child, an attorney appointed in a dual role, or an

attorney ad litem appointed to represent a parent at a minimum of

$250 per hour for time spent in court making an appearance on behalf

of the parent or child and reasonable and necessary time spent out

of court on the case.

SECTION 2. The change in law made by this Act applies to a

suit affecting the parent-child relationship that is pending in a

trial court on the effective date of this Act or that is filed on or

after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.