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TexasHB 253089th Legislature Regular SessionHouse

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

Sponsored By: David Cook, Judith Zaffirini (Democratic)

Signed by Governor

Courts--AdministrationFamily--Parent & ChildLawyersCHILD CUSTODY

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 0 costs, 3 mixed.

Children's views inform family court cases

For Texas parent-child suits filed beginning September 1, 2025, amicus attorneys help the court protect children’s best interests. They do not represent the child directly and are not bound by the child’s wishes. Subject to appointment limits and professional rules, they must promptly interview children age four or older, all parties, and knowledgeable people, including foster parents. They must explain their role and how information may be used, consider the child’s views, investigate facts, and review records. They can participate like a party’s lawyer, seek faster proceedings, encourage settlement, and review proposed orders affecting the child. Through counsel, children can seek a hearing or trial, accept or refuse interviews by other lawyers, and receive filings and hearing notices. Counsel can attend proceedings, present arguments, and participate in child-protection agency case staffing; courts can order further interviews, observations, or home visits. On a party’s request, the attorney must share interviewee contact details and obtained documents, subject to discovery protections, but not notes or attorney work product.

Conflict checks protect families in court

For Texas parent-child suits filed beginning September 1, 2025, prospective amicus attorneys must disclose conflicts and relationships affecting impartiality. Disclosures include relevant prior knowledge, financial or trust relationships, and professional conflicts; later discoveries require immediate disclosure. Courts generally cannot appoint or keep an attorney with a covered disclosure without required findings after notice and a hearing, or the parties’ written agreement. Community or bar-association service alone does not disqualify an attorney. After notice and a hearing, courts must remove attorneys who lack required qualifications, have an unexcused conflict or bias, neglect duties, or violate professional standards. Removal is also required when an attorney requests it because a party blocked the work. Courts may also remove the attorney when the parties agree.

Training standards for children's court helpers

For Texas parent-child suits filed beginning September 1, 2025, amicus attorneys generally need two years of legal practice. They must hold a Texas law license in good standing and have child-advocacy training or court-approved equivalent experience. They need at least four hours of legal education during the two years before appointment. Training covers family violence, age-appropriate child interviews, and ways to settle disputes outside trial; ongoing education is also required. Attorneys must follow State Bar standards and know the applicable American Bar Association standards; local rules cannot conflict with the law. In counties with fewer than 500,000 residents, courts may waive regular qualifications when no qualified person is available locally. After notice and a hearing or the parties’ agreement, the court must still find the person otherwise qualified.

Court-appointed lawyers bring costs for parents

For Texas parent-child suits filed beginning September 1, 2025, courts may appoint an amicus attorney after notice and a hearing or the parties’ written agreement. Unless appointment is otherwise required, the court must find it necessary to assess the child’s best interests. Courts must weigh the child’s interests, the parties’ ability to pay, and less costly alternatives. The appointment order must name the attorney, define the work, and set payment terms, including any retainer or cost deposit. Courts cannot require the attorney to work without reasonable pay, and parties may bear the costs. Earlier suits remain under prior law.

Language help for families may cost

These rules cover Texas parent-child suits filed beginning September 1, 2025. When a child or party’s primary language is not English, courts must ensure effective communication with the amicus attorney. The attorney must speak that language effectively or receive help from a licensed or certified interpreter. Interpretation can happen in person or by audio or video call. Courts may require the parties to pay interpreter costs.

Family court helpers face evidence limits

For Texas parent-child suits filed beginning September 1, 2025, separate evidence rules govern amicus attorneys and lawyers representing children. Existing evidence protections remain for attorneys ad litem and attorneys serving dual roles; separate limits cover amicus attorneys. Amicus attorneys cannot give custody or visitation opinions, communicate privately with the court, or submit their reports as evidence. Their appointment-related work product is protected from forced disclosure, and information sources are protected except for required contact and document disclosures. Testimony is limited to what professional rules allow or what is needed to decide qualifications, conflicts, bias, or removal. These limits do not change the duty to report child abuse or neglect.

Sponsors & Cosponsors

Sponsors

  • David Cook

    House

  • Judith Zaffirini

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 297 • No: 19

Senate vote • 5/25/2025

Record vote

Yes: 30 • No: 1

Senate vote • 5/25/2025

Record vote

Yes: 0 • No: 0

House vote • 5/13/2025

Record vote

Yes: 124 • No: 7

House vote • 5/12/2025

Record vote

Yes: 128 • No: 11

House vote • Unknown

Committee vote: Judiciary & Civil Jurisprudence

Yes: 11 • No: 0

Senate vote • Unknown

Committee vote: Jurisprudence

Yes: 4 • No: 0

Actions Timeline

  1. Effective on 9/1/25

    6/20/2025House

  2. Signed by the Governor

    6/20/2025House

  3. Sent to the Governor

    5/28/2025House

  4. Signed in the Senate

    5/27/2025Senate

  5. Signed in the House

    5/27/2025House

  6. Reported enrolled

    5/26/2025House

  7. Senate passage reported

    5/26/2025House

  8. Record vote

    5/25/2025Senate

  9. Passed

    5/25/2025Senate

  10. Read 3rd time

    5/25/2025Senate

  11. Record vote

    5/25/2025Senate

  12. Three day rule suspended

    5/25/2025Senate

  13. Vote recorded in Journal

    5/25/2025Senate

  14. Read 2nd time & passed to 3rd reading

    5/25/2025Senate

  15. Vote recorded in Journal

    5/25/2025Senate

  16. Rules suspended-Regular order of business

    5/25/2025Senate

  17. Placed on intent calendar

    5/25/2025Senate

  18. Committee report printed and distributed

    5/22/2025Senate

  19. Recommended for local & uncontested calendar

    5/22/2025Senate

  20. Reported favorably w/o amendments

    5/22/2025Senate

  21. Vote taken in committee

    5/21/2025Senate

  22. Considered in public hearing

    5/21/2025Senate

  23. Scheduled for public hearing on . . .

    5/21/2025Senate

  24. Referred to Jurisprudence

    5/14/2025Senate

  25. Read first time

    5/14/2025Senate

Bill Text

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