Texas

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Color Key Explanation
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.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Texas enacts law expanding right to counsel for parents

06/02/2015

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

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Key_development Question_mark

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: categorical Qualified: yes

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Litigation

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

08/15/2021

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.

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Texas Supreme Court: parent not advised of right to counsel

12/20/2019

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

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

04/01/2016

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.

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Abuse/Neglect/Dependency - Children

Legislation

Legislation (dead): child in conservatorship proceedings

05/21/2017

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

 

Nccrc_involvement_icon

The NCCRC submitted testimony and worked on the bill language.

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Key_development Question_mark

Right to counsel

A child has a right to an attorney ad litem when the state seeks to install a temporary managing conservator.

Appointment of Counsel: categorical Qualified: yes

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All Basic Human Needs

Legislation

Discretionary appointment of counsel

A court may appoint counsel in any civil case.

Appointment of Counsel: discretionary Qualified: no

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Key_development Question_mark

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: categorical Qualified: yes

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Litigation

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

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

Legislation

Right to counsel but no such proceeding

06/24/2022

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

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Civil Contempt in Family Court

Legislation

Key_development Question_mark

Right to counsel

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

Appointment of Counsel: categorical Qualified: no

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Litigation

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: categorical Qualified: yes

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Civil Commitment

Legislation

Key_development Question_mark

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: categorical Qualified: no

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Litigation

Right to counsel

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

Appointment of Counsel: categorical Qualified: yes

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Custody Disputes - Parents

Legislation

Key_development Question_mark

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

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Court Rule or Initiative

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

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Custody Disputes - Children

Legislation

Key_development Question_mark

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: no

Read more about this

Domestic Violence - Accused Person

Litigation

Key_development Question_mark

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

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Domestic Violence - Alleged Victim

Legislation

Key_development Question_mark

Right to counsel

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

Appointment of Counsel: categorical Qualified: yes

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Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key_development Question_mark

Right to counsel

06/18/2023

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

Appointment of Counsel: categorical Qualified: yes

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Housing - Evictions

Legislation

Key_development Question_mark

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

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Pilot

All about Houston's right to counsel pilot programs

10/30/2023

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

 

Nccrc_involvement_icon

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

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Incarceration for Fees/Fines (incomplete)

Legislation

Key_development Question_mark

Right to counsel

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

Appointment of Counsel: categorical Qualified: yes

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Litigation

Key_development Question_mark

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: categorical Qualified: yes

Read more about this

Involuntary Medical Treatment (incomplete)

Legislation

Right to counsel

There is a right to counsel for the subject of court-ordered mental health services.

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Key_development Question_mark

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: categorical Qualified: no

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Quarantine/Isolation

Legislation

Key_development Question_mark

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: categorical Qualified: yes

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Sexually Dangerous Persons - Commitment

Legislation

Key_development Question_mark

Right to counsel

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

Appointment of Counsel: categorical Qualified: no

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Sterilization

Litigation

No express authoirty for sterilization

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

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Termination of Parental Rights (Private) - Children

Legislation

Key_development Question_mark

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

03/23/2018

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

Appointment of Counsel: categorical Qualified: yes

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

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

Appointment of Counsel: categorical Qualified: yes

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Termination of Parental Rights (Private) - Birth Parents

Legislation

Key_development Question_mark

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

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Termination of Parental Rights (State) - Birth Parents

Legislation

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

09/10/2018

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

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Key_development Question_mark

Right to counsel

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

Appointment of Counsel: categorical Qualified: no

Read more about this

Litigation

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

04/01/2016

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.

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Truancy - Petition Against Child

Legislation

Key_development Question_mark

Texas decriminalizes truancy, adds appointment of counsel provision

06/18/2015

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

Appointment of Counsel: discretionary Qualified: yes

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Other Subject Areas

Legislation

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

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Court Rule or Initiative

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

Read more about this

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