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A BILL TO BE ENTITLED
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AN ACT
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relating to compensation for an attorney ad litem appointed in a |
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suit affecting the parent-child relationship filed by a |
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governmental entity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 107.015, Family Code, is amended to read |
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as follows: |
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Sec. 107.015. ATTORNEY FEES. (a) An attorney appointed |
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under this chapter to serve as an attorney ad litem for a child, an |
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attorney in the dual role, or an attorney ad litem for a parent in a |
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suit filed by a governmental entity is entitled to reasonable fees |
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and expenses in the amount set by the court, subject to Subsection |
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(e), to be paid by the parents of the child unless the parents are |
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indigent. |
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(b) If the court determines that one or more of the parties |
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are able to defray the fees and expenses of an attorney ad litem [or |
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guardian ad litem] for the child or attorney in the dual role as |
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determined by the reasonable and customary fees for similar |
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services in the county of jurisdiction or under Subsection (e), as |
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applicable, the fees and expenses may be ordered paid by one or more |
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of those parties, or the court may order one or more of those |
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parties, prior to final hearing, to pay the sums into the registry |
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of the court or into an account authorized by the court for the use |
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and benefit of the payee on order of the court. The sums may be |
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taxed as costs to be assessed against one or more of the parties. |
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(c) If indigency of the parents is shown, an attorney ad |
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litem appointed to represent a child, an attorney appointed in a |
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dual role, or an attorney ad litem appointed to represent a parent |
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in a suit filed by a governmental entity shall be paid from the |
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general funds of the county according to the fee schedule that |
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applies to an attorney appointed to represent a child in a suit |
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under Title 3 as provided by Chapter 51 or according to Subsection |
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(e), as applicable. The court may not award attorney ad litem fees |
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under this chapter against the state, a state agency, or a political |
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subdivision of the state except as provided by this subsection. |
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(d) A person appointed as an [a guardian ad litem or] |
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attorney ad litem for a child, an attorney in a dual role, or an |
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attorney ad litem for a parent in a suit filed by a governmental |
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entity shall complete and submit to the court a voucher or claim for |
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payment that lists the fees charged and hours worked by the |
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[guardian ad litem or] attorney [ad litem]. Information submitted |
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under this section is subject to disclosure under Chapter 552, |
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Government Code. A court in a county with a population of three |
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million or more may not modify a voucher or claim for payment |
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submitted by an attorney under this subsection to reduce the |
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payment to the attorney. |
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(e) In a county with a population of three million or more, a |
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court shall set the hourly rate for an attorney ad litem appointed |
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to represent a child, an attorney appointed in a dual role, or an |
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attorney ad litem appointed to represent a parent at a minimum of |
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$250 per hour for time spent in court making an appearance on behalf |
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of the parent or child and reasonable and necessary time spent out |
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of court on the case. |
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SECTION 2. The change in law made by this Act applies to a |
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suit affecting the parent-child relationship that is pending in a |
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trial court on the effective date of this Act or that is filed on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |