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Texas Family Code - Section 107.023. Fees In Suits Other Than Suits By Governmental Entity

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 107.023. Fees In Suits Other Than Suits By Governmental Entity

§ 107.023. FEES IN SUITS OTHER THAN SUITS BY GOVERNMENTAL 
ENTITY.  (a) In a suit other than a suit filed by a governmental 
entity requesting termination of the parent-child relationship or 
appointment of the entity as conservator of the child, in addition 
to the attorney's fees that may be awarded under Chapter 106, the 
following persons are entitled to reasonable fees and expenses in 
an amount set by the court and ordered to be paid by one or more 
parties to the suit:
		(1)  an attorney appointed as an amicus attorney or as 
an attorney ad litem for the child;  and
		(2)  a professional who holds a relevant professional 
license and who is appointed as guardian ad litem for the child, 
other than a volunteer advocate.
	(b)  The court shall:                                                          
		(1)  determine the fees and expenses of an amicus 
attorney, an attorney ad litem, or a guardian ad litem by reference 
to the reasonable and customary fees for similar services in the 
county of jurisdiction;
		(2)  order a reasonable cost deposit to be made at the 
time the court makes the appointment;  and
		(3)  before the final hearing, order an additional 
amount to be paid to the credit of a trust account for the use and 
benefit of the amicus attorney, attorney ad litem, or guardian ad 
litem.
	(c)  A court may not award costs, fees, or expenses to an 
amicus attorney, attorney ad litem, or guardian ad litem against 
the state, a state agency, or a political subdivision of the state 
under this part.
	(d)  The court may determine that fees awarded under this 
subchapter to an amicus attorney, an attorney ad litem for the 
child, or a guardian ad litem for the child are necessaries for the 
benefit of the child.

Added by Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1, 2003.  
Amended by Acts 2005, 79th Leg., ch. 172, § 10, eff. Sept. 1, 
2005.

Last modified: August 11, 2007