Texas Senate Bill SB 2501

Texas 2025 - 89th Regular

• Filed: 3/13/25
• Out of Senate Committee: 5/1/25
• Voted on by Senate: 5/9/25
• Out of House Committee: 5/23/25
• Voted on by House: 5/28/25
• Governor Action: 6/22/25

Caption

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.

Summary

SB 2501 would amend the Texas Family Code to give an indigent parent in certain suits affecting the parent-child relationship the right to choose the attorney ad litem who represents the parent, rather than relying solely on a court-appointed lawyer. The bill applies in suits brought by a governmental entity seeking termination of parental rights or appointment of a conservator, and it also requires courts to inform unrepresented parents at their first appearance that, if they are indigent and oppose the suit, they may select an attorney to be paid by the county. The bill creates a new Section 107.01301 establishing the selection process. A parent may choose a licensed Texas attorney in good standing who meets applicable continuing education requirements, and the court’s role is limited to confirming those qualifications. Once confirmed, the selected attorney becomes counsel of record, any prior ad litem appointment is terminated, and the attorney is paid the same amount and through the same county procedures as a court-appointed ad litem. The bill also bars local rules or court actions that interfere with the parent’s choice and authorizes the Office of Court Administration to adopt implementing rules.

Impact

SB 2501 would change existing law by adding a parent-choice option to the indigent-parent attorney ad litem system in certain child welfare and parental-rights cases. It would limit judicial discretion in selecting counsel, require counties to fund the chosen attorney at the same rate as appointed counsel, and create a statewide framework that preempts conflicting local practices. The bill applies only to cases filed on or after its effective date, September 1, 2025, and directs the Office of Court Administration to implement the new procedure by rule.

Sentiment

The bill appears to have had strong legislative support, passing the Senate 31-0 and the House 139-0, with only a small number of members not voting on final House passage. That voting pattern suggests broad bipartisan agreement on expanding an indigent parent’s ability to choose counsel in sensitive family-law proceedings. The absence of committee transcript material limits insight into detailed debate, but the recorded votes indicate the measure was generally viewed favorably by both chambers.

Contention

The main policy issue is the shift from a court-controlled appointment system to a parent-selected attorney model. Potential points of concern include the effect on existing rotation or appointment systems, county payment obligations, and whether limiting the court’s role could complicate administration or oversight. The bill explicitly addresses these concerns by restricting court interference, preserving the court’s authority to remove counsel for good cause, and making clear that only attorneys meeting specified qualifications may be selected. The governor ultimately vetoed the bill, indicating executive-level disagreement or concern despite unanimous final passage in the House and Senate.