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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of attorneys ad litem and the |
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compensation of certain attorneys ad litem in suits affecting the |
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parent-child relationship filed by a governmental entity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 107.013(a), Family Code, is amended to |
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read as follows: |
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(a) In a suit filed by a governmental entity [under Subtitle |
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E] in which termination of the parent-child relationship or the |
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appointment of a conservator for a child is requested, the court |
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shall appoint an attorney ad litem to represent the interests of: |
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(1) an indigent parent of the child who responds in |
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opposition to the termination or appointment; |
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(2) a parent served by citation by publication; |
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(3) an alleged father who failed to register with the |
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registry under Chapter 160 and whose identity or location is |
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unknown; and |
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(4) an alleged father who registered with the |
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paternity registry under Chapter 160, but the petitioner's attempt |
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to personally serve citation at the address provided to the |
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registry and at any other address for the alleged father known by |
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the petitioner has been unsuccessful. |
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SECTION 2. Section 107.015, Family Code, is amended by |
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amending Subsections (a) and (c) and adding Subsections (e) and (f) |
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to read as follows: |
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(a) An attorney appointed under this chapter or Subtitle E |
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to serve as an attorney ad litem for a child, an attorney in the dual |
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role, or an attorney ad litem for a parent is entitled to reasonable |
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fees and expenses in the amount set by the court to be paid by the |
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parents of the child unless the parents are indigent. |
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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 or parent in a suit filed by a |
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governmental entity who is not an employee of an office of child |
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representation, office of parent representation, or other entity |
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that uses public money to provide legal representation to children |
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or parents in a suit filed by a governmental entity shall be paid |
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from the general funds of the county according to the fee schedule |
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adopted under Section 107.0155 [that applies to an attorney |
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appointed to represent a child in a suit under Title 3 as provided |
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by Chapter 51]. 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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(e) A court may remove a person from the list maintained by |
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the court of persons qualified for appointment as attorney or |
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guardian ad litem if, after notice and a hearing, the court |
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determines the person submitted a voucher or claim for payment |
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under Subsection (d) for services the person did not perform. |
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(f) A person whose voucher or claim for payment under |
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Subsection (d) was denied or modified by the court or has not been |
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approved by the court by the 60th day after the date the voucher or |
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claim for payment was submitted may file a petition addressed to the |
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presiding judge of the administrative judicial region to compel |
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payment or to appeal the denial or modification of the payment. The |
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presiding judge of the administrative judicial region shall review |
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the petition for payment filed under this section, determine the |
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amount due to the petitioner, and order the commissioners court to |
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pay that amount not later than the 45th day after the date a |
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petition is filed under this subsection. The presiding judge of the |
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administrative judicial region may hold a hearing in a proceeding |
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described by this subsection. |
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SECTION 3. Part 1, Subchapter B, Chapter 107, Family Code, |
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is amended by adding Section 107.0155 to read as follows: |
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Sec. 107.0155. FEE SCHEDULE FOR CERTAIN ATTORNEYS AD LITEM. |
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(a) Each court in a county hearing suits filed by a governmental |
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entity shall jointly develop, adopt, and submit to the |
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commissioners court of the county a fee schedule for the |
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compensation of an attorney ad litem described by Section |
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107.015(c) that includes: |
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(1) payments for: |
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(A) time spent in court making an appearance on |
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behalf of the parent or child in the case, including in an appellate |
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court; and |
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(B) reasonable and necessary time spent out of |
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court on the case, including in the preparation of an appeal; and |
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(2) reimbursement for reasonable and necessary |
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expenses. |
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(b) A fee schedule adopted under Subsection (a) must: |
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(1) describe with specificity services and expenses |
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eligible for payment or reimbursement; |
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(2) include an hourly or fixed payment rate based on: |
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(A) reasonable and necessary time spent on a |
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case; |
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(B) reasonable and necessary overhead costs |
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associated with a case; and |
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(C) the availability of qualified attorneys |
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willing to serve at the rate; and |
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(3) include a form for the itemization of services and |
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expenses for a claim for payment under Section 107.015(d). |
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SECTION 4. (a) Not later than January 1, 2026, the courts |
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in each county hearing suits filed by a governmental entity in which |
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appointment of an attorney ad litem is required under Chapter 107 or |
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Subtitle E, Title 5, Family Code, shall adopt the fee schedule |
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required by Section 107.0155, Family Code, as added by this Act. |
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(b) Section 107.015(c), Family Code, as amended by this Act, |
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and Section 107.0155, Family Code, as added by this Act, apply only |
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to an attorney ad litem appointed on or after January 1, 2026. |
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SECTION 5. This Act takes effect September 1, 2025. |