S.B. No. 323 amends the Texas Family Code to clarify the roles and responsibilities of amicus attorneys and attorneys ad litem in cases affecting the parent-child relationship. The bill defines an "amicus attorney" as one appointed by the court to assist in protecting a child's best interests, rather than representing the child directly. It introduces new provisions regarding the appointment of amicus attorneys, including qualifications, compensation requirements, and considerations of financial implications for the parties involved. The bill also mandates effective communication for parties or children who do not speak English as their primary language and establishes immunity for guardians ad litem and amicus attorneys from civil liability, with exceptions for actions taken with malice or gross negligence.

Additionally, the bill outlines specific limitations on the powers of amicus attorneys, such as prohibiting them from offering opinions on conservatorship or engaging in ex parte communications with the court. It requires the removal of an amicus attorney if they disclose conflicts of interest or fail to meet minimum qualifications. The legislation also clarifies that a person with a preexisting professional relationship with an attorney for a party is not automatically disqualified from serving as an amicus attorney. Notably, Section 107.005 of the Family Code is repealed, and the changes will apply only to suits filed on or after the effective date of the Act, September 1, 2025.

Statutes affected:
Introduced: Family Code 107.001, Family Code 107.003, Family Code 107.007, Family Code 107.009, Family Code 107.005 (Family Code 107)