Relating to special appointments in suits affecting the parent-child relationship.

89(R) HB 2530 - Enrolled version - Bill Text

H.B. No. 2530

AN ACT

relating to special appointments in suits affecting the

parent-child relationship.

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

SECTION 1. Section 107.001(1), Family Code, is amended to

read as follows:

(1) "Amicus attorney" means an attorney appointed by

the court in a suit, other than a suit filed by a governmental

entity, whose role is to provide legal services necessary to assist

the court in protecting a child's best interests rather than to

provide legal services to the child
, including by acting as a

witness or making recommendations to the court
.

SECTION 2. The heading to Section 107.003, Family Code, is

amended to read as follows:

Sec. 107.003. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR

CHILD [
AND AMICUS ATTORNEY
].

SECTION 3. Section 107.003(a), Family Code, is amended to

read as follows:

(a) An attorney ad litem appointed to represent a child [
or

an amicus attorney appointed to assist the court
]:

(1) shall:

(A) subject to Rules 4.02, 4.03, and 4.04, Texas

Disciplinary Rules of Professional Conduct, and within a reasonable

time after the appointment, interview:

(i) the child in a developmentally

appropriate manner, if the child is four years of age or older;

(ii) each person who has significant

knowledge of the child's history and condition, including any

foster parent of the child; and

(iii) the parties to the suit;

(B) seek to elicit in a developmentally

appropriate manner the child's expressed objectives of

representation;

(C) consider the impact on the child in

formulating the attorney's presentation of the child's expressed

objectives of representation to the court;

(D) investigate the facts of the case to the

extent the attorney considers appropriate;

(E) obtain and review copies of relevant records

relating to the child as provided by Section 107.006;

(F) participate in the conduct of the litigation

to the same extent as an attorney for a party;

(G) take any action consistent with the child's

interests that the attorney considers necessary to expedite the

proceedings;

(H) encourage settlement and the use of

alternative forms of dispute resolution; and

(I) review and sign, or decline to sign, a

proposed or agreed order affecting the child;

(2) must be trained in child advocacy or have

experience determined by the court to be equivalent to that

training; and

(3) is entitled to:

(A) request clarification from the court if the

role of the attorney is ambiguous;

(B) request a hearing or trial on the merits;

(C) consent or refuse to consent to an interview

of the child by another attorney;

(D) receive a copy of each pleading or other

paper filed with the court;

(E) receive notice of each hearing in the suit;

(F) participate in any case staffing concerning

the child conducted by the Department of Family and Protective

Services; and

(G) attend all legal proceedings in the suit.

SECTION 4. Section 107.007(a), Family Code, is amended to

read as follows:

(a) An attorney ad litem
or
[
,
] an attorney serving in the

dual role[
, or an amicus attorney
] may not:

(1) be compelled to produce attorney work product

developed during the appointment as an attorney;

(2) be required to disclose the source of any

information;

(3) submit a report into evidence; or

(4) testify in court except as authorized by Rule

3.08, Texas Disciplinary Rules of Professional Conduct.

SECTION 5. Section 107.009, Family Code, is amended to read

as follows:

Sec. 107.009. IMMUNITY. (a) A guardian ad litem, [
an

attorney ad litem,
] a child custody evaluator, or an
adoption

evaluator
[
amicus attorney
] appointed under this chapter is not

liable for civil damages arising from an action taken, a

recommendation made, or an opinion given in the capacity of

guardian ad litem, [
attorney ad litem,
] child custody evaluator, or

adoption evaluator
[
amicus attorney
].

(a-1)

An attorney ad litem or amicus attorney appointed

under this chapter is not liable for civil damages arising from an

action taken in the capacity of attorney ad litem or amicus

attorney.

(b)
Subsections
[
Subsection
] (a)
and (a-1) do
[
does
] not

apply to an action taken, a recommendation made, or an opinion

given:

(1) with conscious indifference or reckless disregard

to the safety of another;

(2) in bad faith or with malice; or

(3) that is grossly negligent or wilfully wrongful.

SECTION 6. Part 2, Subchapter B, Chapter 107, Family Code,

is amended by adding Sections 107.024, 107.0245, 107.025, 107.0255,

107.026, 107.0265, 107.027, and 107.0275 to read as follows:

Sec.

107.024.

APPOINTMENT OF AMICUS ATTORNEY. (a)

The

court, after notice and hearing or on agreement of the parties, may

appoint an amicus attorney in a suit.

(b)

In determining whether to make an appointment under this

section, the court:

(1) shall:

(A)

give due consideration to the ability of the

parties to pay reasonable fees to the amicus attorney; and

(B)

balance the child's interests against the

cost to the parties that would result from an appointment by taking

into consideration the cost of available alternatives for resolving

issues without making an appointment;

(2)

may make an appointment only if the court finds

that the appointment is necessary to ensure the determination of

the best interests of the child, unless the appointment is

otherwise required by this code; and

(3)

may not require an amicus attorney appointed under

this section to serve without reasonable compensation for the

services rendered by the amicus attorney.

(c)

An amicus attorney appointed under this section must be

qualified under Section 107.0245 or 107.025.

(d)

An order appointing an amicus attorney under this

section must include:

(1)

the name, bar number, address, telephone number,

and e-mail address of the appointed amicus attorney;

(2) the scope of the amicus attorney's role;

(3)

a list of the duties of an amicus attorney,

including duties under Section 107.0265(c)(1);

(4)

any other specific tasks requested by the court;

and

(5)

specific provisions for payment of the amicus

attorney, including a retainer or cost deposit.

(e)

If a party to or child subject to a suit does not speak

English as the party's or child's primary language, the court shall

ensure that the amicus attorney:

(1)

is able to effectively communicate in the party's

or child's primary language; or

(2)

will be assisted by a licensed or certified

interpreter.

(f)

A licensed or certified interpreter assisting an amicus

attorney under Subsection (e)(2) may accompany the amicus attorney

in person or assist through use of audio or video conferencing

technology.

(g)

The court may require the parties to pay any costs

associated with obtaining assistance from a licensed or certified

interpreter under Subsection (e)(2).

Sec.

107.0245.

AMICUS ATTORNEY; MINIMUM QUALIFICATIONS.

(a)

To be qualified to serve as an amicus attorney, an individual

must:

(1) be an attorney who:

(A)

is licensed to practice law in this state and

in good standing with the State Bar of Texas;

(B) has practiced law for at least two years; and

(C)

is trained in child advocacy or found by the

court to have experience equivalent to training in child advocacy;

(2)

in the two years preceding the appointment, have

completed not less than a total of four hours of continuing legal

education in the following subject areas:

(A) the dynamics of family violence;

(B)

techniques for interviewing a child in a

developmentally appropriate manner; and

(C) alternative dispute resolution; and

(3)

if appropriate due to the nature of the

appointment, be familiar with the American Bar Association's

standards of practice for attorneys who represent children in

custody cases.

(b)

Continuing legal education described by Subsection

(a)(2)(A) must be developed in consultation with a statewide family

violence advocacy organization.

(c)

The court shall determine whether a prospective amicus

attorney meets the qualifications of this section.

(d)

On the request of the court, a prospective amicus

attorney must demonstrate appropriate knowledge and competence

consistent with professional models, standards, and guidelines.

Sec.

107.025.

EXCEPTION TO QUALIFICATIONS REQUIRED TO SERVE

AS AMICUS ATTORNEY IN CERTAIN COUNTIES. (a)

This section applies

only to a county with a population of less than 500,000.

(b)

If a court finds that an individual qualified to serve

as an amicus attorney under Section 107.0245 is not available in the

county to serve as an amicus attorney, the court may, after notice

and hearing or on agreement of the parties, appoint an amicus

attorney the court determines to be otherwise qualified to serve.

Sec.

107.0255.

AMICUS ATTORNEY; CONFLICTS OF INTEREST AND

BIAS.

(a)

Before a person accepts appointment as an amicus

attorney in a suit, the person must disclose to the court, each

attorney for a party to the suit, and any party to the suit who does

not have an attorney:

(1)

any conflict of interest that the person believes

the person has with the court, any party to the suit, or a child who

is the subject of the suit;

(2)

any previous knowledge that the person has of a

party to the suit or a child who is the subject of the suit, other

than knowledge obtained in a court-ordered evaluation;

(3)

any pecuniary relationship that the person

believes the person has with an attorney in the suit or the court;

(4)

any fiduciary relationship that the person

believes the person has with an attorney in the suit or the court;

(5)

any conflict of interest that the person believes

the person has with another person participating or expected to

participate in the suit in a professional capacity; and

(6)

any other information relating to the person's

relationship with an attorney in the suit or the court that a

reasonable, prudent person would believe would affect the ability

of the person to act impartially as an amicus attorney.

(b)

The court may not appoint a person as an amicus attorney

in a suit if the person makes any of the disclosures in Subsection

(a) unless:

(1) the court finds, after notice and a hearing, that:

(A)

the person has no conflict of interest with a

party to the suit, the court, or a child who is the subject of the

suit;

(B)

the person's previous knowledge of a party to

the suit, the court, or a child who is the subject of the suit is not

relevant;

(C)

the person does not have a pecuniary

relationship with an attorney in the suit or the court; and

(D)

the person does not have a fiduciary

relationship with an attorney in the suit or the court; or

(2)

the parties agree in writing to the person's

appointment as an amicus attorney.

(c)

After being appointed as an amicus attorney in a suit, a

person shall immediately disclose to the court, each attorney for a

party to the suit, and any party to the suit who does not have an

attorney any discovery of the following unless previously

disclosed:

(1)

a conflict of interest that the person believes

the person has with a party to the suit, the court, or a child who is

the subject of the suit;

(2)

previous knowledge the person has of a party to the

suit, the court, or a child who is the subject of the suit, other

than knowledge obtained in a court-ordered evaluation;

(3)

a relationship that the person has with an

attorney in the suit who was hired or appointed after the person's

appointment as an amicus attorney that would have been subject to

disclosure under Subsection (a); and

(4)

any conflict of interest that the person believes

the person has with another person who participates in the suit in a

professional capacity.

(d)

The court shall remove a person as an amicus attorney in

a suit if the person makes any of the disclosures in Subsection (c)

unless:

(1)

the court finds, after notice and a hearing, that,

as applicable:

(A)

the person has no conflict of interest with a

party to the suit, the court, or a child who is the subject of the

suit;

(B)

the person's previous knowledge of a party to

the suit, the court, or a child who is the subject of the suit is not

relevant;

(C)

the person has no pecuniary or fiduciary

relationship with an attorney in the suit who was hired or appointed

after the person's appointment as an amicus attorney; or

(D)

the person has no conflict of interest with

another person who participates in the suit in a professional

capacity; or

(2)

the parties agree in writing to the person's

continued appointment as an amicus attorney.

(e)

A person who has a preexisting relationship with an

attorney for a party to the suit or a professional participating in

the suit is not disqualified from being an amicus attorney if the

relationship was formed in a professional setting such as service

to the community or a bar association.

Sec.

107.026.

AMICUS ATTORNEY STANDARD OF CARE. (a)

Except

as provided by this title, an amicus attorney is subject to the

professional standards of care and ethical standards necessary to

remain in good standing with the State Bar of Texas.

(b)

A court may impose requirements or adopt local rules

applicable to an amicus attorney that do not conflict with this

subchapter.

Sec.

107.0265.

POWERS AND DUTIES OF AMICUS ATTORNEY. (a)

Subject to specific limitations given in an order of appointment

under Section 107.024, an amicus attorney's primary duty is to:

(1)

review the facts and circumstances of the case;

and

(2)

advocate the best interests of a child who is the

subject of the suit.

(b)

In performing the duties under Subsection (a), an amicus

attorney is not bound by the expressed objectives of a child who is

the subject of the suit.

(c) An amicus attorney appointed to assist the court:

(1) shall:

(A)

subject to Rules 4.02, 4.03, and 4.04, Texas

Disciplinary Rules of Professional Conduct, and within a reasonable

time after the appointment, interview:

(i)

the child in a developmentally

appropriate manner, if the child is four years of age or older;

(ii)

each person who has significant

knowledge of the child's history and condition, including any

foster parent of the child; and

(iii) the parties to the suit;

(B)

seek to elicit and assess the child's view in

a developmentally appropriate manner;

(C)

consider the impact on the child in

formulating the attorney's presentation of the child's expressed

objectives of representation to the court;

(D)

investigate the facts of the case to the

extent the attorney considers appropriate;

(E)

obtain and review copies of relevant records

relating to the child as provided by Section 107.006;

(F)

participate in the conduct of the litigation

to the same extent as an attorney for a party;

(G)

take any action consistent with the child's

interests that the attorney considers necessary to expedite the

proceedings;

(H)

encourage settlement and the use of

alternative forms of dispute resolution;

(I)

review and sign, or decline to sign, a

proposed or agreed order affecting the child;

(J)

on the request of any party, disclose the

name, address, and phone number of each person interviewed or

consulted; and

(K)

on the request of any party, make available

documents obtained by the amicus attorney for copying;

(2)

may be required by the court to perform additional

tasks, including:

(A)

conducting additional interviews with each

child who is the subject of the suit to:

(i)

ensure balanced and impartial

representation by the amicus attorney; and

(ii)

observe each child while in the care of

each party to the suit;

(B)

interviewing other individuals, including,

at the discretion of the amicus attorney, a child who:

(i) is not less than four years of age; and

(ii)

resides part-time or full-time in a

residence where a child who is the subject of the suit resides

part-time or full-time;

(C)

visiting the residence of each party seeking

conservatorship or possession of or access to a child who is the

subject of the suit; or

(D)

reviewing any information the court

determines is relevant; and

(3) is entitled to:

(A)

request clarification from the court if the

role of the amicus attorney is ambiguous;

(B) request a hearing or trial on the merits;

(C)

consent or refuse to consent to an interview

of the child by another attorney;

(D)

receive a copy of each pleading or other

paper filed with the court;

(E) receive notice of each hearing in the suit;

(F)

participate in any case staffing concerning

the child conducted by the Department of Family and Protective

Services;

(G) attend all legal proceedings in the suit; and

(H)

make arguments during legal proceedings,

including:

(i) summarizing evidence; and

(ii)

suggesting reasonable inferences and

deductions drawn from the evidence.

(d)

In preparing for and conducting an interview with a

child, an amicus attorney shall:

(1)

explain the role of an amicus attorney to the child

in a developmentally appropriate manner;

(2)

inform the child in a developmentally appropriate

manner that the amicus attorney may use information the child

provides in assisting the court; and

(3)

become familiar with the American Bar

Association's standards of practice for attorneys who represent

children in custody cases.

(e)

The disclosure required by Subsections (c)(1)(J) and

(K):

(1)

shall not be construed to require disclosure of an

amicus attorney's notes or attorney work product; and

(2)

is subject to supplementation under Rule 193.5,

Texas Rules of Civil Procedure.

Sec.

107.027.

LIMITATIONS ON AMICUS ATTORNEY POWERS. (a)

An amicus attorney may not:

(1)

offer an opinion regarding conservatorship or

possession of or access to a child subject to a suit;

(2) engage in ex parte communications with the court;

(3)

be compelled to produce attorney work product

developed during the appointment as an amicus attorney;

(4)

except as required under Section

107.0265(c)(1)(J) or (K), be required to disclose the source of any

information;

(5) submit a report into evidence; or

(6) testify in court, except:

(A)

as authorized under Rule 3.08, Texas

Disciplinary Rules of Professional Conduct; or

(B)

as necessary for the court to make a

determination relating to the qualifications, conflicts of

interest, bias, or removal of the amicus attorney.

(b)

Subsection (a) does not apply to the duty of an attorney

to report child abuse or neglect under Section 261.101.

Sec. 107.0275. REMOVAL OF AMICUS ATTORNEY. The court:

(1)

may remove an amicus attorney if the parties agree

to the removal; and

(2)

shall remove an amicus attorney if, after notice

and hearing, the court finds that the amicus attorney:

(A)

does not have the minimum qualifications to

serve as an amicus attorney under Section 107.0245 or 107.025;

(B)

has a conflict of interest or bias under

Section 107.0255(a) that is not exempted under that section;

(C)

fails to perform duties under Section

107.0265 or ordered by the court;

(D)

violates a standard of care under Section

107.026; or

(E)

requests to be removed because a party to the

suit has prevented the amicus attorney from fulfilling the duties

of the amicus attorney.

SECTION 7. Section 107.005, Family Code, is repealed.

SECTION 8. The changes in law made by this Act apply only to

a suit affecting the parent-child relationship that is filed on or

after the effective date of this Act. A suit affecting the

parent-child relationship filed before the effective date of this

Act 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 9. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 2530 was passed by the House on May

13, 2025, by the following vote: Yeas 124, Nays 7, 2 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 2530 was passed by the Senate on May

25, 2025, by the following vote: Yeas 30, Nays 1.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor