Relating to selection of an attorney by an indigent parent as attorney ad litem for the parent in certain suits affecting the parent-child relationship.

89(R) SB 2501 - Enrolled version - Bill Text

S.B. No. 2501

AN ACT

relating to selection of an attorney by an indigent parent as

attorney ad litem for the parent in certain suits affecting the

parent-child relationship.

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

SECTION 1. Sections 107.013(a) and (a-1), Family Code, are

amended to read as follows:

(a)
Subject to Section 107.01301, in
[
In
] a suit filed by a

governmental entity under Subtitle E in which termination of the

parent-child relationship or the appointment of a conservator for a

child is requested, the court shall appoint an attorney ad litem to

represent the interests of:

(1) an indigent parent of the child who responds in

opposition to the termination or appointment;

(2) a parent served by citation by publication;

(3) an alleged father who failed to register with the

registry under Chapter 160 and whose identity or location is

unknown; and

(4) an alleged father who registered with the

paternity registry under Chapter 160, but the petitioner's attempt

to personally serve citation at the address provided to the

registry and at any other address for the alleged father known by

the petitioner has been unsuccessful.

(a-1) In a suit described by Subsection (a), if a parent is

not represented by an attorney at the parent's first appearance in

court, the court shall inform the parent of:

(1) the right to be represented by an attorney; and

(2) if the parent is indigent and appears in

opposition to the suit, the right to an attorney ad litem appointed

by the court
or an attorney selected by the parent and compensated

by the county under Section 107.01301
.

SECTION 2. Subchapter B, Chapter 107, Family Code, is

amended by adding Section 107.01301 to read as follows:

Sec.

107.01301.

SELECTION OF ATTORNEY AD LITEM BY INDIGENT

PARENT. (a) A parent who the court has determined is indigent for

the purposes of Section 107.013 may select an attorney to represent

the parent in a suit described by Section 107.013(a).

(b)

An attorney selected by a parent under Subsection (a)

must:

(1) be licensed to practice law in this state;

(2)

be in good standing with the State Bar of Texas;

and

(3)

meet the applicable continuing education

requirements of Section 107.0131.

(c)

The selection of an attorney by a parent under

Subsection (a) is independent of any appointment system implemented

by the court, including the rotation system described by Section

37.004, Government Code. The court may not take any action that

influences, directs, or interferes with the selection of an

attorney by a parent under Subsection (a).

(d)

An attorney selected by a parent under Subsection (a)

shall serve as the parent's counsel of record upon filing with the

court a notice of appearance and, if the parent is represented by

other counsel, a motion to substitute counsel with the court. The

filing of the notice and, if applicable, the motion is a ministerial

act and does not require the approval of the court. The court's

review of a notice and motion filed under this subsection shall be

limited to confirming the attorney meets the requirements of

Subsection (b). Upon confirming an attorney selected by a parent

under Subsection (a) meets the requirements of Subsection (b), the

court shall:

(1)

grant attorney's motion to substitute counsel, if

applicable; and

(2)

terminate the appointment of any previously

appointed attorney ad litem for the parent.

(e) A court may not:

(1)

deny or delay approval of a motion under

Subsection (d) except to confirm that the attorney meets the

requirements of Subsection (b); or

(2)

impose any additional requirements on the attorney

other than those described by Subsection (b).

(f)

An attorney serving as attorney ad litem for a parent

under this section:

(1)

has the powers and duties described by Section

107.0131 or 107.0132, as applicable; and

(2)

is subject to disciplinary action as provided by

Section 107.0133.

(g)

Payment for services rendered by an attorney serving as

attorney ad litem for a parent under this section shall be:

(1)

equal to the payments made to an attorney

appointed under Section 107.013 to serve as attorney ad litem for an

indigent parent;

(2)

made in accordance with existing payment

procedures applicable to an attorney appointed under Section

107.013 to serve as attorney ad litem for an indigent parent; and

(3) paid from the general funds of the county.

(h)

A court may not adopt or enforce local rules that

conflict with this section, impose additional requirements on the

selection of an attorney under this section, or otherwise interfere

with the right of a parent to select an attorney under Subsection

(a). Interference with the selection of an attorney by a parent

under Subsection (a) for financial gain or favoritism is a

violation of judicial ethics and may subject a judge to discipline

under the Code of Judicial Conduct or prosecution under the penal

laws of this state, including Section 36.02 or 36.08, Penal Code, as

applicable.

(i)

This section does not limit the authority of a court to

remove an attorney for good cause under applicable law.

(j)

The Office of Court Administration of the Texas Judicial

System may adopt rules necessary to implement this section.

SECTION 3. The change in law made by this Act applies 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 4. As soon as practicable after the effective date

of this Act but not later than January 1, 2026, the Office of Court

Administration of the Texas Judicial System shall adopt rules

necessary to implement Section 107.01301, Family Code, as added by

this Act.

SECTION 5. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 2501 passed the Senate on

May 9, 2025, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 2501 passed the House on

May 28, 2025, by the following vote: Yeas 139, Nays 0, two

present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor