89R3626 AMF-D     By: Dutton H.B. No. 2353       A BILL TO BE ENTITLED   AN ACT   relating to compensation for an attorney ad litem appointed in a   suit affecting the parent-child relationship filed by a   governmental entity.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 107.015, Family Code, is amended to read   as follows:          Sec. 107.015.  ATTORNEY FEES. (a) An attorney appointed   under this chapter to serve as an attorney ad litem for a child, an   attorney in the dual role, or an attorney ad litem for a parent in a   suit filed by a governmental entity is entitled to reasonable fees   and expenses in the amount set by the court, subject to Subsection   (e), to be paid by the parents of the child unless the parents are   indigent.          (b)  If the court determines that one or more of the parties   are able to defray the fees and expenses of an attorney ad litem [or   guardian ad litem] for the child or attorney in the dual role as   determined by the reasonable and customary fees for similar   services in the county of jurisdiction or under Subsection (e), as   applicable, the fees and expenses may be ordered paid by one or more   of those parties, or the court may order one or more of those   parties, prior to final hearing, to pay the sums into the registry   of the court or into an account authorized by the court for the use   and benefit of the payee on order of the court. The sums may be   taxed as costs to be assessed against one or more of the parties.          (c)  If indigency of the parents is shown, an attorney ad   litem appointed to represent a child, an attorney appointed in a   dual role, or an attorney ad litem appointed to represent a parent   in a suit filed by a governmental entity shall be paid from the   general funds of the county according to the fee schedule that   applies to an attorney appointed to represent a child in a suit   under Title 3 as provided by Chapter 51 or according to Subsection   (e), as applicable. 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.          (d)  A person appointed as an [a guardian ad litem or]   attorney ad litem for a child, an attorney in a dual role, or an   attorney ad litem for a parent in a suit filed by a governmental   entity shall complete and submit to the court a voucher or claim for   payment that lists the fees charged and hours worked by the   [guardian ad litem or] attorney [ad litem].  Information submitted   under this section is subject to disclosure under Chapter 552,   Government Code.  A court in a county with a population of three   million or more may not modify a voucher or claim for payment   submitted by an attorney under this subsection to reduce the   payment to the attorney.          (e)  In a county with a population of three million or more, a   court shall set the hourly rate for an attorney ad litem appointed   to represent a child, an attorney appointed in a dual role, or an   attorney ad litem appointed to represent a parent at a minimum of   $250 per hour for time spent in court making an appearance on behalf   of the parent or child and reasonable and necessary time spent out   of court on the case.          SECTION 2.  The change in law made by this Act applies to a   suit affecting the parent-child relationship that is pending in a   trial court on the effective date of this Act or that is filed on or   after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2025.