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Committee reviews bill to set qualifications, duties and limits for court-appointed amicus attorneys in parent-child suits

3426965 · May 21, 2025
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Summary

House Bill 2530 would create procedural safeguards and minimum qualifications for appointing amicus attorneys in suits affecting the parent'child relationship, require notice and hearing before appointment in most cases, and clarify powers, duties and removal procedures. The committee opened and closed public testimony and left the bill pending.

The Senate Committee on Jurisprudence considered House Bill 2530 on May 7, 2025, a measure that would establish procedural safeguards, minimum qualifications and limits for court-appointed amicus attorneys in suits affecting the parent-child relationship.

The Dean of the Senate explained that under current law a court may appoint an amicus attorney without minimum qualification criteria. The bill would require a court to appoint an amicus attorney only after notice and hearing or by agreement of the parties; require the court to consider the parties'ability to pay; set minimum qualifications for amicus attorneys; permit some flexibility in counties under 500,000 residents when a trained amicus is not available; clarify duties and limits on amicus conduct (for example, barring private ex parte communications and limiting testimony in most cases); and set procedures for removal and for addressing conflicts of interest.

The Dean said the committee substitute was requested by the County and District Clerks Association and would require that any birth certificate or other proof of parentage be filed separately to preserve confidentiality (this change is in a different bill but noted during the hearing as part of related parentage measures). Carlos Salinas, a board-certified family lawyer and member of the Texas Family Law Foundation, registered his organization's support and answered questions from the committee.

Action: The committee opened public testimony, received the registered witness, closed testimony and left the bill pending.

Supporters said the measure would professionalize appointments, protect children and families by ensuring qualified appointees, and preserve due process by requiring notice and hearing. The committee will consider the bill further as staff and stakeholders finalize the committee substitute text.