By: Zaffirini S.B. No. 1838     A BILL TO BE ENTITLED   AN ACT   relating to the appointment of attorneys ad litem and the   compensation of certain attorneys ad litem in suits affecting the   parent-child relationship filed by a governmental entity.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 107.013(a), Family Code, is amended to   read as follows:          (a)  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.          SECTION 2.  Section 107.015, Family Code, is amended by   amending Subsections (a) and (c) and adding Subsections (e) and (f)   to read as follows:          (a)  An attorney appointed under this chapter or Subtitle E   to serve as an attorney ad litem for a child, an attorney in the dual   role, or an attorney ad litem for a parent is entitled to reasonable   fees and expenses in the amount set by the court to be paid by the   parents of the child unless the parents are indigent.          (c)  If indigency of the parents is shown, an attorney ad   litem appointed to represent a child or parent in a suit filed by a   governmental entity who is not an employee of an office of child   representation, office of parent representation, or other entity   that uses public money to provide legal representation to children   or parents in a suit filed by a governmental entity shall be paid   from the general funds of the county according to the fee schedule   adopted under Section 107.0155 [that applies to an attorney   appointed to represent a child in a suit under Title 3 as provided   by Chapter 51]. The court may not award attorney ad litem fees   under this chapter against the state, a state agency, or a political   subdivision of the state except as provided by this subsection.          (e)  A court may remove a person from the list maintained by   the court of persons qualified for appointment as attorney or   guardian ad litem if, after notice and a hearing, the court   determines the person submitted a voucher or claim for payment   under Subsection (d) for services the person did not perform.          (f)  A person whose voucher or claim for payment under   Subsection (d) was denied or modified by the court or has not been   approved by the court by the 60th day after the date the voucher or   claim for payment was submitted may file a petition addressed to the   presiding judge of the administrative judicial region to compel   payment or to appeal the denial or modification of the payment.  The   presiding judge of the administrative judicial region shall review   the petition for payment filed under this section, determine the   amount due to the petitioner, and order the commissioners court to   pay that amount not later than the 45th day after the date a   petition is filed under this subsection. The presiding judge of the   administrative judicial region may hold a hearing in a proceeding   described by this subsection.           SECTION 3.  Part 1, Subchapter B, Chapter 107, Family Code,   is amended by adding Section 107.0155 to read as follows:          Sec. 107.0155.  FEE SCHEDULE FOR CERTAIN ATTORNEYS AD LITEM.   (a)  Each court in a county hearing suits filed by a governmental   entity shall jointly develop, adopt, and submit to the   commissioners court of the county a fee schedule for the   compensation of an attorney ad litem described by Section   107.015(c) that includes:                (1)  payments for:                      (A)  time spent in court making an appearance on   behalf of the parent or child in the case, including in an appellate   court; and                      (B)  reasonable and necessary time spent out of   court on the case, including in the preparation of an appeal; and                (2)  reimbursement for reasonable and necessary   expenses.          (b)  A fee schedule adopted under Subsection (a) must:                (1)  describe with specificity services and expenses   eligible for payment or reimbursement;                (2)  include an hourly or fixed payment rate based on:                      (A)  reasonable and necessary time spent on a   case;                      (B)  reasonable and necessary overhead costs   associated with a case; and                      (C)  the availability of qualified attorneys   willing to serve at the rate; and                (3)  include a form for the itemization of services and   expenses for a claim for payment under Section 107.015(d).          SECTION 4.  (a)  Not later than January 1, 2026, the courts   in each county hearing suits filed by a governmental entity in which   appointment of an attorney ad litem is required under Chapter 107 or   Subtitle E, Title 5, Family Code, shall adopt the fee schedule   required by Section 107.0155, Family Code, as added by this Act.          (b)  Section 107.015(c), Family Code, as amended by this Act,   and Section 107.0155, Family Code, as added by this Act, apply only   to an attorney ad litem appointed on or after January 1, 2026.          SECTION 5.  This Act takes effect September 1, 2025.