HB2530

HB2530 creates a detailed framework for amicus attorneys in nongovernmental suits affecting the parent-child relationship. An amicus attorney assists the court in protecting a child’s best interests; that role differs from an attorney ad litem, who provides legal representation to the child. The act separates their duties and applies the changes to suits filed on or after September 1, 2025. Earlier-filed cases remain under the former law. Final law, Sections 1–4 and 8–9; history.

Appointment and payment: Appointment requires notice and a hearing or agreement of the parties. The court must consider ability to pay and less-costly alternatives, and generally must find the appointment necessary for determining the child’s best interests unless another law requires it. The order must identify the attorney, scope, duties, additional tasks and payment arrangements, including a retainer or deposit. The court cannot require service without reasonable compensation. If a party’s or child’s primary language is not English, the court must ensure effective communication in that language or assistance from a licensed or certified interpreter; remote interpretation is allowed, and the court may charge the parties. Final law, new Section 107.024.

Qualifications: Ordinarily, the attorney must be Texas-licensed, in good standing, have at least two years of practice, and have child-advocacy training or court-recognized equivalent experience. The attorney must have completed at least four total hours of continuing legal education in the preceding two years, covering family-violence dynamics, developmentally appropriate child interviews and alternative dispute resolution. The family-violence education must be developed in consultation with a statewide advocacy organization. The court checks qualifications and may require a demonstration of competence. In a county with fewer than 500,000 residents, a finding that no normally qualified person is available permits appointment of someone the court finds otherwise qualified, after notice and hearing or party agreement. This is not a blanket exemption for every smaller-county appointment. Final law, new Sections 107.0245–107.025.

Conflicts and removal: The attorney must disclose specified conflicts, prior knowledge, financial or fiduciary relationships, and information bearing on impartiality before accepting and as new issues arise. Disclosures generally bar appointment or require removal unless the court makes the required findings after notice and hearing or the parties agree in writing. A relationship formed in a professional setting such as community or bar-association service is not by itself disqualifying. The court may remove the attorney by party agreement and must do so after the required hearing and findings for inadequate qualifications, an unexcused conflict or bias, failure to perform duties, a standards violation, or the attorney’s request because a party prevented performance. Final law, new Sections 107.0255, 107.026 and 107.0275.

Investigation and the child’s voice: The primary duty is to review the case and advocate the child’s best interests, without being bound by the child’s expressed objectives. Required work includes age-appropriate interviews of children four or older, interviews of knowledgeable people and parties, assessing the child’s views, reviewing relevant records, appropriate investigation, litigation participation, encouraging settlement and reviewing proposed orders. Courts can assign additional interviews, home visits and information review. The attorney must explain the role and possible use of the child’s information in an age-appropriate way and become familiar with the referenced American Bar Association custody-practice standards. The act repeals the former separate amicus-duties section; readers should not assume every old confidentiality provision was simply carried forward unchanged. Final law, new Section 107.0265 and Section 7.

Disclosure and courtroom limits: On a party’s request, the attorney must identify people interviewed or consulted and make obtained documents available for copying, with supplementation under the referenced civil-procedure rule. This does not require disclosure of the attorney’s notes or work product. The attorney may argue from evidence and suggest reasonable inferences, but Section 107.027 expressly prohibits custody/possession/access opinions, private communications with the judge outside the other side’s participation, and submitting a report into evidence. Testimony is restricted to the cited professional-rule exception or matters needed to decide the attorney’s qualifications, conflicts, bias or removal. The limitations do not excuse the duty to report child abuse or neglect. Final law, new Sections 107.0265–107.027.

The amended definition also mentions acting as a witness or making recommendations. That broad phrase should not be read as unrestricted permission: the same act contains the specific opinion and testimony limits just described. This briefing reports both provisions and does not predict how a court will resolve a particular disputed statement. Final law, Sections 1 and 6.

Civil liability: The act expressly adds adoption evaluators to the provision shielding covered actions, recommendations and opinions from civil damages. It places attorneys ad litem and amicus attorneys in a separate provision covering actions taken in that capacity rather than separately listing recommendations and opinions. The exceptions remain for conscious indifference or reckless disregard for safety, bad faith or malice, and grossly negligent or willfully wrongful conduct. This is not unlimited immunity. Final law, Section 5.