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Texas

Categorical Right To Counsel

Discretionary Appointment Of Counsel

Right Or Appointment Is Qualified

No Such Proceeding

No Authorization, But Relevant Materials

Other

Recent Activity

Right to Counsel Status

Categorical Right To Counsel

There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).

Discretionary Appointment Of Counsel

Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.

Right Or Appointment Is Qualified

The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.

No Such Proceeding

This state has no law creating a judicial proceeding of this type.

No Authorization, But Relevant Materials

While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.

Other

Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Denies

This state has law explicitly stating that there is no right to counsel for this area.

Doesn't Affect

Abuse/Neglect/Dependency - Accused Parents

Litigation

August 15, 2021

Texas app ct: dismissal of appointed atty due to alleged non-indigence was improper

A Texas Court of Appeals found error in a trial court's decision to dismiss a parent's appointed counsel on the grounds of non-indgience.

Appointment of Counsel: Doesn't Affect

Qualified: No

December 20, 2019

Texas Supreme Court: parent not advised of right to counsel

The Supreme Court of Texas reversed a termination of parental rights because a parent was not advised of her right to appointed counsel.

Appointment of Counsel: Doesn't Affect

Qualified: No

April 1, 2016

TX Sup. Ct: parental right to counsel in abuse/neglect cases extends to high court appeal

The Supreme Court of Texas held that a parent's right to counsel in child welfare cases extends to an appeal to the high court.

Appointment of Counsel: Doesn't Affect

Qualified: No

Legislation

June 2, 2015

Texas enacts law expanding right to counsel for parents

A Texas law enacted in 2015 provides for appointment of counsel for unknown/unlocatable parents and provides earlier notice to other parents.

Appointment of Counsel: Doesn't Affect

Qualified: No

June 22, 2025

SB2501

Specifies that parent entitled to appointment of counsel in abuse/neglect cases can select their own attorney, who can then be compensated by the State.

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Abuse/Neglect/Dependency - Children

Legislation

May 21, 2017

Legislation (dead): child in conservatorship proceedings

This dead bill would have required an attorney ad litem for a child in conservatorships to continue until the conservatorship ends.

Appointment of Counsel: Doesn't Affect

Qualified: No

The NCCRC submitted testimony and worked on the bill language.

May 15, 2025

HB3382

Would clarify that appointment of attorney ad litem for child in neglect case cannot be later than 72 hours before the full adversary hearing.

Appointment of Counsel: Doesn't Affect

Qualified: No

No Such Proceeding

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Legislation

June 24, 2022

Right to counsel but no such proceeding

Though a minor seeking to bypass the parental consent requirements for an abortion has the right to counsel, abortion is effectively banned.

Appointment of Counsel: No Such Proceeding

Qualified: No

Qualified

Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key Development

June 18, 2023

Right to attorney ad litem

The court must appoint an attorney ad litem for the subject of a guardianship proceeding.

Appointment of Counsel: Yes

Qualified: Yes

Doesn't Affect

Housing - Evictions

Pilot

October 30, 2023

All about Houston's right to counsel pilot programs

A project provides all tenants counsel in certain Houston housing courts.

Appointment of Counsel: Doesn't Affect

Qualified: Yes

The NCCRC has provided input and guidance to some of the founders of the project.

Doesn't Affect

Other subject area

Legislation

April 3, 2025

SB600

The court shall appoint an atty ad litem in a partition action to represent the interests of any joint owners whose name or location is unknown

Appointment of Counsel: Doesn't Affect

Qualified: No

June 20, 2025

SB1448

If service by publication occurs, the court may appoint an atty ad litem to represent the distributees of the deceased person's estate

Appointment of Counsel: Doesn't Affect

Qualified: No

Qualified

Termination of Parental Rights (Private) - Children

Legislation

Key Development

March 23, 2018

Texas court: when parents square off in private termination case, kids must have counsel

A statute requires counsel for a child in a termination case unless their interests are adequately represented by another party.

Appointment of Counsel: Yes

Qualified: Yes

Doesn't Affect

Termination of Parental Rights (State) - Birth Parents

Legislation

September 10, 2018

Texas court: failure to appoint counsel for parent was reversible error

An appellate court held the failure to advise a parent of the right to counsel in a TPR case, and delayed appointment, required reversal.

Appointment of Counsel: Doesn't Affect

Qualified: No

Litigation

April 1, 2016

TX Sup Ct: parental right to counsel in termination cases extends to high court appeal

The Supreme Court of Texas held that a parent's right to counsel in termination of parental rights cases extends to an appeal to the high court.

Appointment of Counsel: Doesn't Affect

Qualified: No

Qualified

Truancy - Petition Against Child

Legislation

Key Development

June 18, 2015

Texas decriminalizes truancy, adds appointment of counsel provision

In 2015, Texas decriminalized truancy, prevented initial incarceration, and permitted the court to appoint counsel for the child.

Appointment of Counsel: Discretionary

Qualified: Yes

Qualified

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key Development

Right to counsel

Indigent parents are entitled to counsel in cases where the state seeks to install a temporary managing conservator, or files suit for services.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Abuse/Neglect/Dependency - Children

Legislation

Key Development

Right to counsel

In abuse cases, children have a right to an attorney ad litem who may serve in a dual role.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Adult Protective Proceedings - Protected Person

Legislation

Key Development

Right to attorney ad litem

An adult respondent has the right to an attorney ad litem if the department pursues an emergency order authorizing protective services.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

All Basic Human Needs

Legislation

Key Development

Right to counsel: service by publication

A court must appoint counsel for a defendant who is served by publication and does not answer.

Appointment of Counsel: Yes

Qualified: Yes

Key Development

Discretionary appointment of counsel

A court may appoint counsel in any civil case.

Appointment of Counsel: Discretionary

Qualified: No

Litigation

Key Development

Discretionary appointment of counsel

The Texas Supreme Court has said trial courts have inherent power to appoint in any civil case if exceptional circumstances exist.

Appointment of Counsel: Discretionary

Qualified: Yes

No Such Proceeding

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Legislation

June 24, 2022

Right to counsel but no such proceeding

Though a minor seeking to bypass the parental consent requirements for an abortion has the right to counsel, abortion is effectively banned.

Appointment of Counsel: No Such Proceeding

Qualified: No

Qualified

Civil Commitment

Litigation

Key Development

Right to counsel

Several appellate courts have found a federal constitutional right to counsel in civil commitment proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Key Development

Right to counsel

There is a right to counsel for the subject of court-ordered commitment matters related to mental health and "chemical dependency."

Appointment of Counsel: Yes

Qualified: No

Categorical

Civil Contempt in Family Court

Legislation

Key Development

Right to counsel

There is a right to counsel for an indigent respondent in a child support civil contempt proceeding.

Appointment of Counsel: Yes

Qualified: No

Litigation

Key Development

Right to counsel

Some appellate courts have found a federal constitutional right to counsel for the respondent in a civil contempt proceeding.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Custody Disputes - Children

Legislation

Key Development

Discretionary appointment of counsel

The court may appoint counsel for a child in any proceeding where the interests of the child are at issue.

Appointment of Counsel: Discretionary

Qualified: Yes

Discretionary

Custody Disputes - Parents

Legislation

Key Development

Discretionary appointment of counsel

The court may appoint counsel for a parent in any proceeding where the interests of the child are at issue.

Appointment of Counsel: Discretionary

Qualified: No

Court Rule or Initiative

Key Development

Discretionary appointment of counsel

The court may appoint counsel for a parent claiming violation of a child visitation order.

Appointment of Counsel: Discretionary

Qualified: Yes

Qualified

Domestic Violence - Accused Person

Litigation

Key Development

Discretionary appointment of counsel

One appellate court determined that constitutional appointment of counsel for respondents in protective order cases is on a case-by-case basis.

Appointment of Counsel: Discretionary

Qualified: Yes

Qualified

Domestic Violence - Alleged Victim

Legislation

Key Development

Right to counsel

One appellate court concluded that petitioners in DV cases have a right to counsel.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key Development

June 18, 2023

Right to attorney ad litem

The court must appoint an attorney ad litem for the subject of a guardianship proceeding.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Housing - Evictions

Legislation

Key Development

Discretionary appointment of counsel

Texas county courts can appoint willing counsel in eviction cases appealed from a Justice of the Peace court.

Appointment of Counsel: Discretionary

Qualified: Yes

Qualified

Incarceration for Fees/Fines (incomplete)

Litigation

Key Development

Right to counsel

Some appellate courts have found a federal constitutional right to counsel for the respondent in a civil contempt proceeding.

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Key Development

Right to counsel

There is an arguable statutory right to counsel for an indigent respondent in a civil contempt proceeding.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Involuntary Medical Treatment (incomplete)

Legislation

Key Development

Right to counsel

The court must appoint counsel for those subjected to involuntary treatment for “chemical dependency” and for other mental health matters.

Appointment of Counsel: Yes

Qualified: No

Qualified

Other subject area

Court Rule or Initiative

Key Development

Right to counsel - Service by publication

If a defendant is served by publication and does not appear, the court shall appoint counsel to defend the suit on defendant's behalf.

Appointment of Counsel: Yes

Qualified: Yes

Key Development

Discretionary appointment of counsel - petitioner in civil contempt

The court may appoint counsel for the petitioner claiming violation of an order “for child support or possession of or access to a child.”

Appointment of Counsel: Discretionary

Qualified: No

Legislation

Key Development

Discretionary appointment of counsel - probate cases

A court may appoint counsel for a variety of people in probate proceedings.

Appointment of Counsel: Discretionary

Qualified: Yes

Key Development

Right to amicus or ad litem attorney

The court shall appoint either an amicus attorney or attorney ad litem for a minor petitioning for their full or limited emancipation.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Parentage - Petitioner or Child

Legislation

Key Development

Discretionary appointment for child

The court may appoint either best interest or client-directed counsel for a child in a parentage matter.

Appointment of Counsel: Discretionary

Qualified: Yes

Qualified

Quarantine/Isolation

Legislation

Key Development

Right to Counsel

There is a right to counsel for a person or group in a court proceeding for management, but not in area quarantine.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Sexually Dangerous Persons - Commitment

Legislation

Key Development

Right to counsel

There is a right to counsel for an indigent respondent in a sexually violent persons commitment proceeding.

Appointment of Counsel: Yes

Qualified: No

No Such Proceeding

Sterilization

Litigation

No express authoirty for sterilization

A Texas appellate court held there is no authority to authorize sterilization.

Appointment of Counsel: No Such Proceeding

Qualified: No

Discretionary

Termination of Parental Rights (Private) - Birth Parents

Legislation

Key Development

Discretionary appointment of counsel

A court may appoint counsel for the parent in a privately-initiated termination of parental rights proceeding.

Appointment of Counsel: Discretionary

Qualified: No

Qualified

Termination of Parental Rights (Private) - Children

Legislation

Key Development

March 23, 2018

Texas court: when parents square off in private termination case, kids must have counsel

A statute requires counsel for a child in a termination case unless their interests are adequately represented by another party.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Termination of Parental Rights (State) - Birth Parents

Legislation

Key Development

Right to counsel

Indigent parents have a right to counsel in state-initiated termination of parental rights cases.

Appointment of Counsel: Yes

Qualified: No

Qualified

Termination of Parental Rights (State) - Children

Legislation

Key Development

Right to counsel

Children have a right to an attorney ad litem in state-initiated termination of parental rights proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Truancy - Petition Against Child

Legislation

Key Development

June 18, 2015

Texas decriminalizes truancy, adds appointment of counsel provision

In 2015, Texas decriminalized truancy, prevented initial incarceration, and permitted the court to appoint counsel for the child.

Appointment of Counsel: Discretionary

Qualified: Yes

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

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