SB 2501

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