Texas 2023 - 88th 2nd C.S.

Texas Senate Bill SB13

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to special appointments in suits affecting the parent-child relationship.

Impact

The enactment of SB13 is expected to significantly impact family law cases across Texas, notably by increasing the formal process and standards for selecting amicus attorneys. This reflects a growing recognition of the complexities involved in family law and a desire to enhance the protections for children involved in such proceedings. The changes stress the importance of appointing qualified individuals who can contribute meaningfully to the legal process, thus creating an environment that better serves the child's interests. By imposing standards on who can serve as an amicus attorney, the bill aims to minimize conflicts of interest and ensure that the appointed representatives are competent in child advocacy.

Summary

SB13 is an act relating to special appointments in suits affecting the parent-child relationship. The bill amends several sections of the Family Code to clarify the roles and responsibilities of amicus attorneys and attorney ad litem appointed by the court. An amicus attorney is defined as one who is appointed to provide legal assistance to the court, focusing on the best interests of the child involved, rather than representing the child directly. This aims to enhance the quality of legal representation and oversight in family law cases, and ensures that children's welfare is prioritized throughout judicial proceedings. Additionally, it outlines the appointment process for amicus attorneys and establishes their powers and duties, ensuring they have the necessary qualifications and training specified in the new sections added to the code.

Sentiment

The sentiment surrounding SB13 has generally been positive among child welfare advocates and legal professionals, who see the bill as a crucial step toward improving the legal landscape for children in family law cases. Many supporters praise the inclusion of clearer guidelines and qualifications for amicus attorneys, arguing that this will lead to more effective legal proceedings and better outcomes for children. However, there are concerns from some stakeholders regarding the potential increase in costs associated with hiring qualified attorneys, which could be burdensome for some parties involved in custody disputes.

Contention

Notable points of contention regarding SB13 include the balance between ensuring qualified legal representation and the associated costs of such representation for families involved. Critics express concerns that while the intent is to protect children's interests, the financial implications of hiring qualified amicus attorneys may pose a barrier for low-income families. Additionally, some advocates argue that the bill could lead to an overreliance on court-appointed representatives rather than empowering parents to advocate for their child's needs within the legal system. These debates reflect broader tensions within family law practices about ensuring effective representation while also considering the economic realities faced by families.

Companion Bills

No companion bills found.

Previously Filed As

TX HB2530

Relating to special appointments in suits affecting the parent-child relationship.

TX SB24

Relating to special appointments in suits affecting the parent-child relationship.

TX SB323

Relating to special appointments in suits affecting the parent-child relationship.

TX HB3382

Relating to the duties of court-appointed guardians ad litem, attorneys ad litem, and amicus attorneys in certain suits affecting the parent-child relationship.

TX HB2160

Relating to the interview of a child in a suit affecting a parent-child relationship.

TX HB3515

Relating to regulating parental reunification therapy in a suit affecting the parent-child relationship.

TX SB1830

Relating to regulating parental reunification therapy in a suit affecting the parent-child relationship.

TX HB2350

Relating to standing in a suit affecting the parent-child relationship.

TX HB4656

Relating to suits affecting the parent-child relationship between a parent and a nonparent.

TX SB2052

Relating to suits affecting the parent-child relationship between a parent and a nonparent.

Similar Bills

IL SB2087

STATES ATTY-PEACE OFCR-PRIVACY

CA SB605

State attorneys and administrative law judges: compensation.

TX HB2530

Relating to special appointments in suits affecting the parent-child relationship.

LA SB454

Provides for a population based allocation of assistant district attorney positions in the state. (7/1/26) (OR +$397,950 GF EX See Note)

LA HB719

Provides relative to the number of assistant district attorneys in each judicial district (RE +$2,274,000 GF EX See Note)

TX SB888

Relating to the attorney general's defense of a district or county attorney against certain lawsuits in federal court.

TX SB2501

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.

TX SB1026

Relating to the authority of the attorney general to prosecute criminal offenses prescribed by the election laws of this state.