84R9518 KSD-F
	By: Thompson of Harris	H.B. No. 2723

	A BILL TO BE ENTITLED
	AN ACT
	relating to the appointment of an attorney ad litem for a parent in
	certain suits affecting the parent-child relationship.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 107.013, Family Code, is amended by
	adding Subsection (a-1) and amending Subsections (b) and (d) to
	read as follows:
	(a-1)  In a suit described by Subsection (a), if a parent is
	not represented by an attorney at the parent's first appearance in
	court, the court shall inform the parent of:
	(1)  the right to be represented by an attorney; and
	(2)  if the parent is indigent and appears in
	opposition to the suit, the right to an attorney ad litem appointed
	by the court.
	(b)  If both parents of the child are entitled to the
	appointment of an attorney ad litem under this section and the court
	finds that the interests of the parents are not in conflict and that
	there is no history or pattern of past or present family violence by
	one parent directed against the other parent, a spouse, or a child
	of the parties, the court may appoint an attorney ad litem to
	represent the interests of both parents.
	(d)  The court shall require a [A] parent who claims
	indigence under Subsection (a) to [must] file an affidavit of
	indigence in accordance with Rule 145(b) of the Texas Rules of Civil
	Procedure before the court may [can] conduct a hearing to determine
	the parent's indigence under this section. The court may consider
	additional evidence at that hearing, including evidence relating to
	the parent's income, source of income, assets, property ownership,
	benefits paid in accordance with a federal, state, or local public
	assistance program, outstanding obligations, and necessary
	expenses and the number and ages of the parent's dependents. If the
	court determines the parent is indigent, the court shall appoint an
	attorney ad litem to represent the parent.
	SECTION 2.  Part 1, Subchapter B, Chapter 107, Family Code,
	is amended by adding Section 107.0141 to read as follows:
	Sec. 107.0141.  TEMPORARY APPOINTMENT OF ATTORNEY AD LITEM
	FOR CERTAIN PARENTS. (a) The court may appoint an attorney ad
	litem to represent the interests of a parent for a limited period
	beginning at the time the court issues a temporary restraining
	order or attachment of the parent's child under Chapter 262 and
	ending on the court's determination of whether the parent is
	indigent before commencement of the full adversary hearing.
	(b)  An attorney ad litem appointed for a parent under this
	section:
	(1)  has the powers and duties of an attorney ad litem
	appointed under Section 107.0131; and
	(2)  if applicable, shall:
	(A)  conduct an investigation regarding the
	petitioner's due diligence in locating and serving citation on the
	parent; and
	(B)  interview any party or other person who may
	have information relating to the identity or location of the
	parent.
	(c)  If the attorney ad litem identifies and locates the
	parent, the attorney ad litem shall:
	(1)  inform the parent of the parent's right to be
	represented by an attorney and of the parent's right to an attorney
	ad litem appointed by the court, if the parent is indigent and
	appears in opposition to the suit;
	(2)  if the parent claims indigence and requests an
	attorney ad litem beyond the period of the temporary appointment
	under this section, assist the parent in making a claim of indigence
	for the appointment of an attorney ad litem; and
	(3)  assist the parent in preparing for the full
	adversary hearing under Subchapter C, Chapter 262.
	(d)  If the court determines the parent is indigent, the
	court may appoint the attorney ad litem to continue to represent the
	parent under Section 107.013(a)(1).
	(e)  If the attorney ad litem is unable to identify or locate
	the parent, the attorney ad litem shall submit to the court a
	written summary of the attorney ad litem's efforts to identify or
	locate the parent with a statement that the attorney ad litem was
	unable to identify or locate the parent. On receipt of the summary
	required by this subsection, the court shall discharge the attorney
	ad litem from the appointment.
	(f)  If the attorney ad litem identifies or locates the
	parent, and the court determines that the parent is not indigent,
	the court shall discharge the attorney ad litem from the
	appointment.
	SECTION 3.  Section 262.201(a-2), Family Code, is amended to
	read as follows:
	(a-2)  If a parent claims indigence and requests the
	appointment of an attorney before the full adversary hearing, the
	court shall require the parent to complete and file with the court
	an affidavit of indigence.  The court may consider additional
	[hear] evidence to determine whether the parent is indigent,
	including evidence relating to the parent's income, source of
	income, assets, property ownership, benefits paid in accordance
	with a federal, state, or local public assistance program,
	outstanding obligations, and necessary expenses and the number and
	ages of the parent's dependents. If the appointment of an attorney
	for the parent is requested, the court shall make a determination of
	indigence before commencement of the full advisory hearing. If the
	court determines the parent is indigent, the court shall appoint an
	attorney to represent the parent.
	SECTION 4.  The changes in law made by this Act apply only to
	a suit affecting the parent-child relationship filed on or after
	the effective date of this Act. A suit affecting the parent-child
	relationship filed before the effective date of this Act is
	governed by the law in effect on the date the suit was filed, and the
	former law is continued in effect for that purpose.
	SECTION 5.  This Act takes effect September 1, 2015.