By: Zaffirini S.B. No. 2501     (Landgraf)           A BILL TO BE ENTITLED   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.