The text as introduced · 1,327 words
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 107.015, 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 , chapter 262,
or chapter 264 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 under Title 5 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
under Title 5 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 2. 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 under Title 5 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 3. Section 107.252, Family Code, is amended to read
as follows:
Sec. 107.252. APPLICABILITY. This subchapter applies to a
suit filed by a governmental entity seeking termination of the
parent-child relationship or the appointment of a conservator for a
child in which appointment of an attorney is required under Section
107.012 or 107.013 or a suit filed under Subtitle E .
SECTION 4. Section 107.254, Family Code, is amended to read
as follows:
Sec. 107.254. OFFICE OF CHILD REPRESENTATION. An office of
child representation is an entity that uses public money to provide
legal representation and services for a child in a suit filed by a
governmental entity seeking termination of the parent-child
relationship or the appointment of a conservator for the child in
which appointment is mandatory for a child under Section 107.012 or
suits filed under Subtitle E .
SECTION 5. Section 107.255, Family Code, is amended to read
as follows:
Sec. 107.255. OFFICE OF PARENT REPRESENTATION. An office
of parent representation is an entity that uses public money to
provide legal representation and services for a parent in a suit
filed by a governmental entity seeking termination of the
parent-child relationship or the appointment of a conservator for a
child in which appointment is mandatory for a parent under Section
107.013 or suits filed under Subtitle E .
SECTION 6. Section 107.260(a), Family Code, is amended to
read as follows:
(a) If there is an office of child representation or office
of parent representation serving a county, a court in that county
shall appoint for a child or parent, as applicable, an attorney from
the office in a suit filed in the county by a governmental entity in
which appointment of an attorney is required under Section 107.012,
107.013, or Subtitle E [ seeking termination of the parent-child
relationship ] unless there is a conflict of interest or other
reason to appoint a different attorney from the list maintained by
the court of attorneys qualified for appointment under Section
107.012 or 107.013.
SECTION 7. Section 107.302(a), Family Code, is amended to
read as follows:
(a) A managed assigned counsel program may be operated with
public money for the purpose of appointing counsel to provide legal
representation and services for a child or parent in a suit filed by
a governmental entity in which appointment is mandatory for a child
under Section 107.012 , for a parent under Section 107.013 , or
Subtitle E .
SECTION 8. Section 107.307 (a), Family Code, is amended to
read as follows:
(a) The judge of a county served by a program shall make any
appointment required under Section 107.012 , or 107.013 in a suit
filed in the county by a governmental entity seeking termination of
the parent-child relationship or the appointment of a conservator
for the child , or Subtitle E from the program's public appointment
list, unless there is a conflict of interest or other reason to
appoint a different attorney from the list maintained by the court
of attorneys qualified for appointment under Section 107.012 or
107.013.
SECTION 9. Sections 107.252, 107.254, 107.255, 107.260(a),
107.302(a), and 107.307(a), Family Code, as amended by this Act,
apply only to a suit affecting the parent-child relationship or
suit under Subtitle E filed by a governmental entity on or after the
effective date of this Act.
SECTION 10. (a) Not later than January 1, 2026, the courts
in each county hearing suits filed by a governmental entity under
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 11. This Act takes effect September 1, 2025.
Monitoring 