By: Harris S.B. No. 1025

(In the Senate - Filed March 1, 2011; March 16, 2011, read first time and referred to Committee on Jurisprudence; March 30, 2011, reported favorably by the following vote: Yeas 7, Nays 0; March 30, 2011, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to service of citation and appointment of an attorney ad litem for an indigent parent in certain suits affecting the parent-child relationship.

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

SECTION 1. Section 107.013, Family Code, is amended by adding Subsections (c-1) and (e) to read as follows:

(c-1) In a suit described by Subsection (a) or (c), any citation served on a parent of the child must include information regarding:

(1) the appointment of an attorney ad litem to represent an indigent parent as provided by this section; and

(2) the procedure for the parent to assert a claim of indigence.

(e) Not later than the seventh day before the date a court holds a hearing under Section 262.201, the court shall:

(1) evaluate any claim of indigence by a parent who responds in opposition to a suit described by Subsection (a) or (c); and

(2) appoint an attorney ad litem to represent the parent if the court determines that the parent is indigent.

SECTION 2. The change in law made by this Act applies only to a suit affecting the parent-child relationship filed on or after the effective date of this Act. A suit filed before that date 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 3. This Act takes effect September 1, 2011.

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