HB 4507

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
neutral
Limited Government
positive
Individual Liberty
Digest

HB 4507 would amend Chapter 45 of the Family Code to specify who may file a petition to change the name of a child after the parent-child relationship between the child and the child’s parents has been terminated under Chapter 161. The bill would allow the petition to be filed by the child if the child is at least 10 years old, by an attorney ad litem appointed to represent the child’s interests in the termination proceeding, or by the managing conservator appointed for the child. The petition would have to be filed in the county where the child resides.

The Committee Substitute would also require the court to appoint an attorney ad litem to represent the interests of a child who files such a petition, unless the child is already represented by an attorney. This creates a procedural safeguard for children old enough to initiate a name-change petition on their own after parental rights have been terminated.

The bill is limited in scope. It does not create a new name-change standard, alter the underlying termination-of-parental-rights process, or expand the court’s authority beyond the child name-change petition process. Instead, it clarifies standing, venue, and representation for a narrow class of child name-change cases.

The originally filed version of HB 4507 would have amended existing Family Code Section 45.001 to allow any child who is at least 10 years old to file a petition requesting a change of the child’s name in the county where the child resides. It would also have required the court to appoint an attorney ad litem to represent the child at the hearing whenever the child filed the petition under that new authority.

The Committee Substitute for HB 4507 narrows that approach. Instead of allowing any child age 10 or older to independently file a name-change petition, the committee substitute creates a new Section 45.0015 limited to children whose parent-child relationship with their parents has been terminated under Chapter 161. In that narrower context, the petition may be filed by the child if the child is at least 10 years old, by the child’s attorney ad litem from the termination proceeding, or by the managing conservator appointed for the child.

The Committee Substitute also revises the attorney-ad-litem provision. The filed version would have required appointment of an attorney ad litem for every child petitioner under Section 45.001(b). The committee substitute instead requires appointment for a child who files under the new post-termination provision only if the child is not already represented by an attorney. This matters because the substitute avoids duplicative representation while preserving legal representation for an unrepresented child petitioner.

In practical terms, the filed bill broadly expanded child-initiated name-change petitions for children age 10 and older. The Committee Substitute converts that broader policy into a targeted procedure for children in post-termination cases, adds standing for the attorney ad litem and managing conservator, and keeps venue in the county where the child resides.

Author (1)
Harold Dutton
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of HB 4507 cannot be determined because the number of additional case filings that would occur is unknown. The fiscal note does not identify a specific positive or negative net state impact; instead, it treats the impact as indeterminate and dependent on future filing volume.

The main cost driver is the bill’s requirement that a court appoint an attorney ad litem for a child who files a post-termination name-change petition if the child is not already represented by an attorney. Because the bill applies only after parental rights have been terminated under Chapter 161 of the Family Code, any fiscal effect would depend on how often eligible children, attorneys ad litem, or managing conservators file these petitions.

The Office of Court Administration reported that the extent to which case filings may increase is unknown. LBB also notes a potential local government impact because local units may bear costs associated with providing ad litem representation, but that impact cannot be determined at this time.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote YES on HB 4507. The bill is a narrow procedural measure that allows a child age 10 or older, an attorney ad litem, or a managing conservator to file a petition to change the name of a child after the parent-child relationship between the child and the child’s parents has been terminated under Chapter 161 of the Family Code. The petition must be filed in the county where the child resides, and the court must appoint an attorney ad litem for a child petitioner only if the child is not already represented by counsel.

The bill analysis frames the measure as a response to circumstances involving children who have experienced abuse or neglect and for whom continued use of a family name may create emotional, psychological, or safety concerns. The Committee Substitute provides a clearer statutory path for those children to seek a name change after termination of parental rights, while preserving court oversight and legal representation safeguards.

From a limited-government perspective, the bill does not create a new agency, establish a new regulatory program, grant additional rulemaking authority, create a criminal offense, increase penalties, or expand state enforcement power. Its government action is confined to the existing judicial process for name-change petitions and to a discrete class of children already involved in serious Family Code proceedings. The bill, therefore, addresses a defined legal-access problem without materially expanding the administrative state.

The principal concern is fiscal. According to the LBB, the fiscal implications cannot be determined because the number of additional case filings is unknown. LBB also notes that local governments could experience costs associated with providing ad litem representation, but that impact cannot be determined at this time. This concern is real, but the Committee Substitute limits exposure by narrowing eligibility to post-termination cases and by requiring appointment of an attorney ad litem only when the child is not already represented by an attorney.

The bill modestly expands access to an existing court remedy for a narrow and vulnerable class of children, while avoiding broader regulatory, criminal, or bureaucratic expansion. The indeterminate local fiscal impact should be monitored, but the bill’s limited scope and representation safeguards make it a defensible use of the existing judicial process rather than a substantial expansion of government authority.

Free Enterprise
neutral
The bill has no meaningful effect on free enterprise. It does not regulate businesses, create market barriers, impose occupational requirements, establish subsidies, or alter private commercial activity. The bill analysis also states that it does not create a criminal offense or grant additional rulemaking authority.
Property Rights
neutral
The bill does not affect private property rights. It does not authorize takings, regulate land use, burden ownership, alter contract rights, or condition the use of property on compliance with a new state program.
Personal Responsibility
positive
The bill supports personal responsibility by allowing an older child, or the legally responsible adults already involved in the child’s case, to initiate a name-change petition through the courts. It preserves judicial review and requires representation for an unrepresented child petitioner, rather than substituting an automatic state action for individual or conservator decision-making.
Limited Government
neutral
The bill has a limited governmental footprint. It operates within the existing court system, does not create a new agency or regulatory program, and does not grant new rulemaking authority. The main limited-government concern is that courts may need to appoint attorneys ad litem in some cases, and the LBB notes that local costs for ad litem representation cannot be determined because the number of filings is unknown. Overall, the bill is narrowly targeted and does not materially expand state power.
Individual Liberty
positive
The bill modestly supports individual liberty by giving a child age 10 or older a defined legal path to seek a name change after termination of parental rights. It also allows the child’s attorney ad litem or managing conservator to file the petition. This expands access to an existing court remedy without creating new penalties, mandates, or restrictions on the general public.
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