Bill Text: TX HB1546 | 2023-2024 | 88th Legislature | Engrossed

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Bill Title: Relating to the recovery of fees, court costs, and expenses in family law proceedings.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2023-05-11 - Referred to Jurisprudence [HB1546 Detail]

Download: Texas-2023-HB1546-Engrossed.html

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88R1814 MLH-F
By: Cook H.B. No. 1546

A BILL TO BE ENTITLED
AN ACT
relating to the recovery of fees, court costs, and expenses in
family law proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6.502(a), Family Code, is amended to
read as follows:
(a) While a suit for dissolution of a marriage is pending
and on the motion of a party or on the court's own motion after
notice and hearing, the court may render an appropriate order,
including the granting of a temporary injunction for the
preservation of the property and protection of the parties as
deemed necessary and equitable and including an order directed to
one or both parties:
(1) requiring a sworn inventory and appraisement of
the real and personal property owned or claimed by the parties and
specifying the form, manner, and substance of the inventory and
appraisal and list of debts and liabilities;
(2) requiring payments to be made for the support of
either spouse;
(3) requiring the production of books, papers,
documents, and tangible things by a party;
(4) ordering payment of reasonable and necessary
attorney's fees, court costs, and expenses;
(5) appointing a receiver for the preservation and
protection of the property of the parties;
(6) awarding one spouse exclusive occupancy of the
residence during the pendency of the case;
(7) prohibiting the parties, or either party, from
spending funds beyond an amount the court determines to be for
reasonable and necessary living expenses;
(8) awarding one spouse exclusive control of a party's
usual business or occupation; or
(9) prohibiting an act described by Section 6.501(a).
SECTION 2. The heading to Section 6.708, Family Code, is
amended to read as follows:
Sec. 6.708. [COSTS;] ATTORNEY'S FEES, COURT COSTS, AND
EXPENSES.
SECTION 3. Section 6.708(c), Family Code, is amended to
read as follows:
(c) In a suit for dissolution of a marriage, the court may
award reasonable and necessary attorney's fees, court costs, and
expenses. The court may order the fees, costs, [and] expenses, and
any postjudgment interest to be paid directly to the attorney, who
may enforce the order in the attorney's own name by any means
available for the enforcement of a judgment for debt.
SECTION 4. Section 6.709(a), Family Code, is amended to
read as follows:
(a) In a suit for dissolution of a marriage, on the motion of
a party or on the court's own motion, after notice and hearing, the
trial court may render a temporary order as considered equitable
and necessary for the preservation of the property and for the
protection of the parties during an appeal, including an order
directed toward one or both parties:
(1) requiring the support of either spouse;
(2) requiring the payment of reasonable and necessary
attorney's fees, court costs, and expenses;
(3) appointing a receiver for the preservation and
protection of the property of the parties;
(4) awarding one spouse exclusive occupancy of the
parties' residence pending the appeal;
(5) enjoining a party from dissipating or transferring
the property awarded to the other party in the trial court's
property division; or
(6) suspending the operation of all or part of the
property division that is being appealed.
SECTION 5. Section 8.0591(b), Family Code, is amended to
read as follows:
(b) An obligor may file a suit to recover overpaid
maintenance under Subsection (a). If the court finds that the
obligee failed to return overpaid maintenance under Subsection (a),
the court shall order the obligee to pay the obligor's reasonable
and necessary attorney's fees, [and all] court costs, and expenses
in addition to the amount of the overpaid maintenance. For good
cause shown, the court may waive the requirement that the obligee
pay attorney's fees, [and] court costs, and expenses if the court
states in its order the reasons supporting that finding.
SECTION 6. Subchapter B, Chapter 8, Family Code, is amended
by adding Section 8.063 to read as follows:
Sec. 8.063. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES. In
a proceeding under Section 8.056, 8.057, or 8.059, the court may
award reasonable and necessary attorney's fees, court costs, and
expenses incurred by a party to the divorce or annulment. The court
may order the fees, costs, expenses, and any postjudgment interest
to be paid directly to the attorney, who may enforce the order in
the attorney's own name by any means available for the enforcement
of a judgment for debt.
SECTION 7. Section 8.206, Family Code, is amended by
amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) An employer who receives, but does not comply with, an
order or writ of withholding is liable to:
(1) the obligee for any amount of spousal maintenance
not paid in compliance with the order or writ;
(2) the obligor for any amount withheld from the
obligor's disposable earnings, but not remitted to the obligee; and
(3) the obligee or obligor for reasonable and
necessary attorney's fees, [and] court costs, and expenses incurred
in recovering an amount described by Subdivision (1) or (2).
(d) The court may order the fees, costs, expenses, and any
postjudgment interest under Subsection (b)(3) to be paid directly
to the attorney, who may enforce the order in the attorney's own
name by any means available for the enforcement of a judgment for
debt.
SECTION 8. Section 8.208(c), Family Code, is amended to
read as follows:
(c) An employer who intentionally discharges an employee in
violation of this section is liable to that employee for current
wages, other employment benefits, and reasonable and necessary
attorney's fees, [and] court costs, and expenses incurred in
enforcing the employee's rights. The court may order the fees,
costs, expenses, and any postjudgment interest to be paid directly
to the attorney, who may enforce the order in the attorney's own
name by any means available for the enforcement of a judgment for
debt.
SECTION 9. Section 8.357, Family Code, is amended to read as
follows:
Sec. 8.357. ATTORNEY'S FEES, COURT [AND] COSTS, AND
EXPENSES. (a) In a proceeding under this subchapter, the court
may order the obligor to pay reasonable and necessary attorney's
fees, court costs, and expenses incurred by a party to obtain the
order[, all court costs,] and all fees charged by a plan
administrator for the qualified domestic relations order or similar
order.
(b) Fees, [and] costs, and expenses ordered under this
section may be enforced by any means available for the enforcement
of a judgment for debt.
SECTION 10. Section 9.014, Family Code, is amended to read
as follows:
Sec. 9.014. ATTORNEY'S FEES, COURT COSTS, AND
EXPENSES. The court may award reasonable and necessary attorney's
fees, court costs, and expenses in a proceeding under this
subchapter. The court may order the attorney's fees, court costs,
and expenses to be paid directly to the attorney, who may enforce
the order [for fees] in the attorney's own name by any means
available for the enforcement of a judgment for debt.
SECTION 11. Section 9.106, Family Code, is amended to read
as follows:
Sec. 9.106. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES. In
a proceeding under this subchapter, the court may award reasonable
and necessary attorney's fees, court costs, and expenses incurred
by a party to a divorce or annulment against the other party to the
divorce or annulment. The court may order the attorney's fees,
court costs, and expenses to be paid directly to the attorney, who
may enforce the order [for fees] in the attorney's own name by any
means available for the enforcement of a judgment for debt.
SECTION 12. Section 9.205, Family Code, is amended to read
as follows:
Sec. 9.205. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES. In
a proceeding to divide property previously undivided in a decree of
divorce or annulment as provided by this subchapter, the court may
award reasonable and necessary attorney's fees, court costs, and
expenses. The court may order the attorney's fees, court costs,
and expenses to be paid directly to the attorney, who may enforce
the order in the attorney's own name by any means available for the
enforcement of a judgment for debt.
SECTION 13. Section 41.002, Family Code, is amended to read
as follows:
Sec. 41.002. LIMIT OF DAMAGES. Recovery for damage caused
by wilful and malicious conduct is limited to actual damages, not to
exceed $25,000 per occurrence, plus reasonable and necessary
attorney's fees, court costs, and expenses [reasonable attorney's
fees].
SECTION 14. Section 41.0025(a), Family Code, is amended to
read as follows:
(a) Notwithstanding Section 41.002, recovery of damages by
an inn or hotel for wilful and malicious conduct is limited to
actual damages, not to exceed $25,000 per occurrence, plus
reasonable and necessary attorney's fees, court costs, and expenses
[reasonable attorney's fees].
SECTION 15. Section 42.006(a), Family Code, is amended to
read as follows:
(a) Damages may include:
(1) reasonable and necessary attorney's fees, court
[the actual] costs, and expenses incurred[, including attorney's
fees,] in:
(A) locating a child who is the subject of the
order;
(B) recovering possession of the child if the
petitioner is entitled to possession; and
(C) enforcing the order and prosecuting the suit;
and
(2) mental suffering and anguish incurred by the
plaintiff because of a violation of the order.
SECTION 16. Section 42.009, Family Code, is amended to read
as follows:
Sec. 42.009. FRIVOLOUS SUIT. A person sued for damages as
provided by this chapter is entitled to recover reasonable and
necessary attorney's fees, [and] court costs, and expenses if:
(1) the claim for damages is dismissed or judgment is
awarded to the defendant; and
(2) the court or jury finds that the claim for damages
is frivolous, unreasonable, or without foundation.
SECTION 17. The heading to Section 81.005, Family Code, is
amended to read as follows:
Sec. 81.005. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES.
SECTION 18. Section 81.005(a), Family Code, is amended to
read as follows:
(a) The court may assess reasonable and necessary
attorney's fees, court costs, and expenses against the party found
to have committed family violence or a party against whom an agreed
protective order is rendered under Section 85.005 as compensation
for the services of a private or prosecuting attorney or an attorney
employed by the Department of Family and Protective Services. The
court may order the fees, costs, expenses, and any postjudgment
interest to be paid directly to the attorney, who may enforce the
order in the attorney's own name by any means available for the
enforcement of a judgment for debt.
SECTION 19. Section 105.001(a), Family Code, is amended to
read as follows:
(a) In a suit, the court may make a temporary order,
including the modification of a prior temporary order, for the
safety and welfare of the child, including an order:
(1) for the temporary conservatorship of the child;
(2) for the temporary support of the child;
(3) restraining a party from disturbing the peace of
the child or another party;
(4) prohibiting a person from removing the child
beyond a geographical area identified by the court; or
(5) for payment of reasonable and necessary attorney's
fees, court costs, and expenses.
SECTION 20. Section 106.002, Family Code, is amended to
read as follows:
Sec. 106.002. ATTORNEY'S FEES, COURT COSTS, AND
EXPENSES. (a) In a suit or motion under this title and in a habeas
corpus proceeding, the court may render judgment for reasonable and
necessary attorney's fees, court costs, and expenses and order the
judgment and postjudgment interest to be paid directly to an
attorney.
(b) A judgment for attorney's fees, court costs, and
expenses may be enforced in the attorney's name by any means
available for the enforcement of a judgment for debt.
SECTION 21. Section 107.023, Family Code, is amended to
read as follows:
Sec. 107.023. FEES, COURT COSTS, AND EXPENSES 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 and necessary fees, court costs, 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, costs, 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, costs, 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, costs, and expenses
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.
SECTION 22. Section 109.001(a), Family Code, is amended to
read as follows:
(a) In a suit affecting the parent-child relationship, on
the motion of any party or on the court's own motion and after
notice and hearing, the court may make any order necessary to
preserve and protect the safety and welfare of the child during the
pendency of an appeal as the court may deem necessary and
equitable. In addition to other matters, an order may:
(1) appoint temporary conservators for the child and
provide for possession of the child;
(2) require the temporary support of the child by a
party;
(3) enjoin a party from molesting or disturbing the
peace of the child or another party;
(4) prohibit a person from removing the child beyond a
geographical area identified by the court;
(5) require payment of reasonable and necessary
attorney's fees, court costs, and expenses; or
(6) suspend the operation of the order or judgment
that is being appealed.
SECTION 23. Section 152.208(c), Family Code, is amended to
read as follows:
(c) If a court dismisses a petition or stays a proceeding
because it declines to exercise its jurisdiction pursuant to
Subsection (a), it shall assess against the party seeking to invoke
its jurisdiction [necessary and] reasonable and necessary
attorney's fees, court costs, and expenses including [costs,]
communication expenses, [attorney's fees,] investigative fees,
expenses for witnesses, travel expenses, and child care during the
course of the proceedings, unless the party from whom fees are
sought establishes that the assessment would be clearly
inappropriate. The court may not assess fees, costs, or expenses
against this state unless authorized by law other than this
chapter.
SECTION 24. The heading to Section 152.312, Family Code, is
amended to read as follows:
Sec. 152.312. [COSTS,] FEES, COURT COSTS, AND EXPENSES.
SECTION 25. Section 152.312(a), Family Code, is amended to
read as follows:
(a) The court shall award the prevailing party, including a
state, [necessary and] reasonable and necessary attorney's fees,
court costs, and expenses incurred by or on behalf of the party,
including [costs,] communication expenses, [attorney's fees,]
investigative fees, expenses for witnesses, travel expenses, and
child care during the course of the proceedings, unless the party
from whom fees, costs, or expenses are sought establishes that the
award would be clearly inappropriate. The court may order the fees,
costs, expenses, and any postjudgment interest to be paid directly
to the attorney, who may enforce the order in the attorney's own
name by any means available for the enforcement of a judgment for
debt.
SECTION 26. Section 154.012(b), Family Code, is amended to
read as follows:
(b) An obligor may file a suit to recover a child support
payment under Subsection (a). If the court finds that the obligee
failed to return a child support payment under Subsection (a), the
court shall order the obligee to pay to the obligor reasonable and
necessary attorney's fees, [and all] court costs, and expenses in
addition to the amount of support paid after the date the child
support order terminated. The court may order the fees, costs,
expenses, and any postjudgment interest to be paid directly to the
attorney, who may enforce the order in the attorney's own name by
any means available for the enforcement of a judgment for debt. For
good cause shown, the court may waive the requirement that the
obligee pay attorney's fees, court [and] costs, and expenses if the
court states the reasons supporting that finding.
SECTION 27. Section 156.005, Family Code, is amended to
read as follows:
Sec. 156.005. FRIVOLOUS FILING OF SUIT FOR
MODIFICATION. Notwithstanding Rules 296 through 299, Texas Rules
of Civil Procedure, if the court finds that a suit for modification
is filed frivolously or is designed to harass a party, the court
shall state that finding in the order and assess reasonable and
necessary attorney's fees, court [as] costs, and expenses against
the offending party.
SECTION 28. Section 157.110(c), Family Code, is amended to
read as follows:
(c) The court may order that all or part of the forfeited
amount be applied to pay reasonable and necessary attorney's fees,
court [and] costs, and expenses incurred by the person or entity
bringing the motion for contempt or motion for forfeiture.
SECTION 29. Section 157.162(b), Family Code, is amended to
read as follows:
(b) A finding that the respondent is not in contempt does
not preclude the court from awarding the petitioner court costs and
reasonable and necessary attorney's fees, court costs, and expenses
or ordering any other enforcement remedy, including rendering a
money judgment, posting a bond or other security, or withholding
income. The court may order the fees, costs, expenses, and any
postjudgment interest to be paid directly to the attorney, who may
enforce the order in the attorney's own name by any means available
for the enforcement of a judgment for debt.
SECTION 30. Section 157.167, Family Code, is amended to
read as follows:
Sec. 157.167. RESPONDENT TO PAY ATTORNEY'S FEES, COURT
[AND] COSTS, AND EXPENSES. (a) If the court finds that the
respondent has failed to make child support payments, the court
shall order the respondent to pay the movant's reasonable and
necessary attorney's fees, [and all] court costs, and expenses in
addition to the arrearages. Fees, [and] costs, and expenses
ordered under this subsection may be enforced by any means
available for the enforcement of child support, including contempt.
The court may order the fees, costs, expenses, and any postjudgment
interest to be paid directly to the attorney, who may enforce the
order in the attorney's own name by any means available for the
enforcement of a judgment for debt.
(b) If the court finds that the respondent has failed to
comply with the terms of an order providing for the possession of or
access to a child, the court shall order the respondent to pay the
movant's reasonable and necessary attorney's fees, [and all] court
costs, and expenses in addition to any other remedy. If the court
finds that the enforcement of the order with which the respondent
failed to comply was necessary to ensure the child's physical or
emotional health or welfare, the fees, [and] costs, and expenses
ordered under this subsection may be enforced by any means
available for the enforcement of child support, including contempt,
but not including income withholding.
(c) Except as provided by Subsection (d), for good cause
shown, the court may waive the requirement that the respondent pay
reasonable and necessary attorney's fees, [and] costs, and expenses
if the court states the reasons supporting that finding.
(d) If the court finds that the respondent is in contempt of
court for failure or refusal to pay child support and that the
respondent owes $20,000 or more in child support arrearages, the
court may not waive the requirement that the respondent pay
reasonable and necessary attorney's fees, [and] costs, and expenses
unless the court also finds that the respondent:
(1) is involuntarily unemployed or is disabled; and
(2) lacks the financial resources to pay the
attorney's fees, [and] costs, and expenses.
SECTION 31. Section 157.211, Family Code, is amended to
read as follows:
Sec. 157.211. CONDITIONS OF COMMUNITY SUPERVISION. (a) If
the court places the respondent on community supervision and
suspends commitment, the terms and conditions of community
supervision may include the requirement that the respondent:
(1) report to the community supervision officer as
directed;
(2) permit the community supervision officer to visit
the respondent at the respondent's home or elsewhere;
(3) obtain counseling on financial planning, budget
management, conflict resolution, parenting skills, alcohol or drug
abuse, or other matters causing the respondent to fail to obey the
order;
(4) pay required child support and any child support
arrearages;
(5) pay reasonable and necessary [court costs and]
attorney's fees, court costs, and expenses ordered by the court;
(6) seek employment assistance services offered by the
Texas Workforce Commission under Section 302.0035, Labor Code, if
appropriate; and
(7) participate in mediation or other services to
alleviate conditions that prevent the respondent from obeying the
court's order.
(b) The court may order the fees, costs, expenses, and any
postjudgment interest under Subsection (a)(5) to be paid directly
to the attorney, who may enforce the order in the attorney's own
name by any means available for the enforcement of a judgment for
debt.
SECTION 32. Section 157.268, Family Code, is amended to
read as follows:
Sec. 157.268. APPLICATION OF CHILD SUPPORT PAYMENT. Child
support collected shall be applied in the following order of
priority:
(1) current child support;
(2) non-delinquent child support owed;
(3) the principal amount of child support that has not
been confirmed and reduced to money judgment;
(4) the principal amount of child support that has
been confirmed and reduced to money judgment;
(5) interest on the principal amounts specified in
Subdivisions (3) and (4); and
(6) the amount of any ordered reasonable and necessary
attorney's fees, court [or] costs, expenses, or Title IV-D service
fees authorized under Section 231.103 for which the obligor is
responsible.
SECTION 33. Section 157.318(a), Family Code, is amended to
read as follows:
(a) Subject to Subsection (d), a lien is effective until all
current support and child support arrearages, including [interest,
any costs and] reasonable and necessary attorney's fees, court
costs, expenses, postjudgment interest, and any Title IV-D service
fees authorized under Section 231.103 for which the obligor is
responsible, have been paid or the lien is otherwise released as
provided by this subchapter.
SECTION 34. Section 157.322(a), Family Code, is amended to
read as follows:
(a) On payment in full of the amount of child support due,
together with any [costs and] reasonable and necessary attorney's
fees, court costs, and expenses, the child support lien claimant
shall execute and deliver to the obligor or the obligor's attorney a
release of the child support lien.
SECTION 35. Section 157.323, Family Code, is amended by
amending Subsection (c) and adding Subsection (e) to read as
follows:
(c) If arrearages are owed by the obligor, the court shall:
(1) render judgment against the obligor for the amount
due, plus [costs and] reasonable and necessary attorney's fees,
court costs, and expenses;
(2) order any official authorized to levy execution to
satisfy reasonable and necessary attorney's fees, court costs,
expenses, and the lien[, costs, and attorney's fees] by selling any
property on which a lien is established under this subchapter; or
(3) order an individual or organization in possession
of nonexempt personal property or cash owned by the obligor to
dispose of the property as the court may direct.
(e) The court may order the fees, costs, expenses, and any
postjudgment interest under Subsection (c)(1) or (2) to be paid
directly to the attorney, who may enforce the order in the
attorney's own name by any means available for the enforcement of a
judgment for debt.
SECTION 36. Section 157.330(b), Family Code, is amended to
read as follows:
(b) A claimant may recover [costs and] reasonable and
necessary attorney's fees, court costs, and expenses incurred in an
action under this section. The court may order the fees, costs,
expenses, and any postjudgment interest to be paid directly to the
attorney, who may enforce the order in the attorney's own name by
any means available for the enforcement of a judgment for debt.
SECTION 37. Section 157.507, Family Code, is amended to
read as follows:
Sec. 157.507. ATTORNEY'S FEES, COURT [AND] COSTS, AND
EXPENSES. (a) In a proceeding under this subchapter, the court
may order the obligor to pay reasonable and necessary attorney's
fees, court costs, and expenses incurred by a party to obtain the
order[, all court costs,] and all fees charged by a plan
administrator for the qualified domestic relations order or similar
order.
(b) Fees, [and] costs, and expenses ordered under this
section may be enforced by any means available for the enforcement
of child support, including contempt.
SECTION 38. The heading to Section 158.0051, Family Code,
is amended to read as follows:
Sec. 158.0051. ORDER FOR WITHHOLDING FOR ATTORNEY'S [COSTS
AND] FEES, COURT COSTS, AND EXPENSES.
SECTION 39. Sections 158.0051(a) and (c), Family Code, are
amended to read as follows:
(a) In addition to an order for income to be withheld for
child support, including child support and child support
arrearages, the court may render an order that income be withheld
from the disposable earnings of the obligor to be applied towards
the satisfaction of any ordered reasonable and necessary attorney's
fees, court [and] costs, and expenses resulting from an action to
enforce child support under this title.
(c) The court shall order that amounts withheld for fees,
[and] costs, and expenses under this section be remitted directly
to the person entitled to the ordered attorney's fees, [or] costs,
or expenses or be paid through a local registry for disbursement to
that person.
SECTION 40. Section 158.102, Family Code, is amended to
read as follows:
Sec. 158.102. TIME LIMITATIONS. An order or writ for
income withholding under this chapter may be issued until all
current support and child support arrearages, interest, and any
applicable fees and costs, including ordered reasonable and
necessary attorney's fees, [and] court costs, and expenses, have
been paid.
SECTION 41. Section 158.206, Family Code, is amended by
amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) An employer receiving an order or writ of withholding
who does not comply with the order or writ is liable:
(1) to the obligee for the amount not paid in
compliance with the order or writ, including the amount the obligor
is required to pay for health insurance or dental insurance under
Chapter 154;
(2) to the obligor for:
(A) the amount withheld and not paid as required
by the order or writ; and
(B) an amount equal to the interest that accrues
under Section 157.265 on the amount withheld and not paid; and
(3) for reasonable and necessary attorney's fees,
[and] court costs, and expenses.
(d) The court may order the fees, costs, and expenses under
Subsection (b)(3) and any postjudgment interest under Subsection
(b)(2)(B) to be paid directly to the attorney, who may enforce the
order in the attorney's own name by any means available for the
enforcement of a judgment for debt.
SECTION 42. Section 158.209(c), Family Code, is amended to
read as follows:
(c) If an employer intentionally discharges an employee in
violation of this section, the employer continues to be liable to
the employee for current wages and other benefits and for
reasonable and necessary attorney's fees, [and] court costs, and
expenses incurred in enforcing the employee's rights as provided in
this section. The court may order the fees, costs, expenses, and any
postjudgment interest to be paid directly to the attorney, who may
enforce the order in the attorney's own name by any means available
for the enforcement of a judgment for debt.
SECTION 43. Section 159.305, Family Code, is amended by
amending Subsection (b) and adding Subsection (g) to read as
follows:
(b) A responding tribunal of this state, to the extent not
prohibited by other law, may do one or more of the following:
(1) establish or enforce a support order, modify a
child support order, determine the controlling child support order,
or determine parentage of a child;
(2) order an obligor to comply with a support order,
specifying the amount and the manner of compliance;
(3) order income withholding;
(4) determine the amount of any arrearages and specify
a method of payment;
(5) enforce orders by civil or criminal contempt, or
both;
(6) set aside property for satisfaction of the support
order;
(7) place liens and order execution on the obligor's
property;
(8) order an obligor to keep the tribunal informed of
the obligor's current residential address, electronic mail
address, telephone number, employer, address of employment, and
telephone number at the place of employment;
(9) issue a bench warrant or capias for an obligor who
has failed after proper notice to appear at a hearing ordered by the
tribunal and enter the bench warrant or capias in any local and
state computer systems for criminal warrants;
(10) order the obligor to seek appropriate employment
by specified methods;
(11) award reasonable and necessary attorney's fees,
court costs, expenses, and other fees [and costs]; and
(12) grant any other available remedy.
(g) The court may order the fees, costs, expenses, and any
postjudgment interest under Subsection (b)(11) to be paid directly
to the attorney, who may enforce the order in the attorney's own
name by any means available for the enforcement of a judgment for
debt.
SECTION 44. The heading to Section 159.313, Family Code, is
amended to read as follows:
Sec. 159.313. [COSTS AND] FEES, COSTS, AND EXPENSES.
SECTION 45. Sections 159.313(b) and (c), Family Code, are
amended to read as follows:
(b) If an obligee prevails, a responding tribunal of this
state may assess against an obligor [filing fees,] reasonable and
necessary attorney's fees, court costs, expenses, filing fees,
other costs, and necessary travel and other reasonable expenses
incurred by the obligee and the obligee's witnesses. The tribunal
may not assess fees, costs, or expenses against the obligee or the
support enforcement agency of either the initiating or responding
state or foreign country, except as provided by other
law. Attorney's fees may be taxed as costs, and may be ordered paid
directly to the attorney, who may enforce the order in the
attorney's own name. Payment of support owed to the obligee has
priority over fees, costs, and expenses.
(c) The tribunal shall order the payment of [costs and]
reasonable and necessary attorney's fees, court costs, and expenses
if it determines that a hearing was requested primarily for
delay. In a proceeding under Subchapter G, a hearing is presumed
to have been requested primarily for delay if a registered support
order is confirmed or enforced without change.
SECTION 46. The heading to Section 160.636, Family Code, is
amended to read as follows:
Sec. 160.636. ORDER ADJUDICATING PARENTAGE; FEES, COSTS,
AND EXPENSES.
SECTION 47. Section 160.636(c), Family Code, is amended to
read as follows:
(c) Except as otherwise provided by Subsection (d), the
court may assess [filing fees,] reasonable and necessary attorney's
fees, court costs, expenses, filing fees, fees for genetic testing,
other costs, and necessary travel and other reasonable expenses
incurred in a proceeding under this subchapter. Attorney's fees
awarded by the court may be paid directly to the attorney. An
attorney who is awarded attorney's fees may enforce the order in the
attorney's own name by any means available for the enforcement of a
judgment for debt.
SECTION 48. Section 160.762(d), Family Code, is amended to
read as follows:
(d) The court may assess [filing fees,] reasonable and
necessary attorney's fees, court costs, expenses, filing fees, fees
for genetic testing, other costs, and necessary travel and other
reasonable expenses incurred in a proceeding under this
section. Attorney's fees awarded by the court may be paid directly
to the attorney. An attorney who is awarded attorney's fees may
enforce the order in the attorney's own name by any means available
for the enforcement of a judgment for debt.
SECTION 49. Section 231.006(f), Family Code, is amended to
read as follows:
(f) If the certificate required under Subsection (d) is
shown to be false, the vendor is liable to the state for reasonable
and necessary attorney's fees, court costs, expenses, the costs
necessary to complete the contract, including the cost of
advertising and awarding a second contract, and any other damages
provided by law or contract.
SECTION 50. Section 231.211, Family Code, is amended to
read as follows:
Sec. 231.211. AWARD OF ATTORNEY'S FEES, COURT COSTS, AND
EXPENSES [COST] AGAINST NONPREVAILING PARTY IN TITLE IV-D
CASE. (a) At the conclusion of a Title IV-D case, the court may
assess reasonable and necessary attorney's fees, [and all] court
costs, and expenses as authorized by law against the nonprevailing
party, except that the court may not assess those amounts against
the Title IV-D agency or a private attorney or political
subdivision that has entered into a contract under this chapter or
any party to whom the agency has provided services under this
chapter. [Such fees and costs may not exceed reasonable and
necessary costs as determined by the court.]
(b) The clerk of the court may take any action necessary to
collect any fees, [or] costs, or expenses assessed under this
section.
SECTION 51. Section 231.303(c), Family Code, is amended to
read as follows:
(c) A court may compel compliance with an administrative
subpoena and with any administrative fine for failure to comply
with the subpoena and may award reasonable and necessary attorney's
fees, [and] costs, and expenses to the Title IV-D agency in
enforcing an administrative subpoena on proof that an individual or
organization failed without good cause to comply with the subpoena.
SECTION 52. Section 261.107(d), Family Code, is amended to
read as follows:
(d) The court shall order a person who is convicted of an
offense under Subsection (a) to pay any reasonable and necessary
attorney's fees, court costs, and expenses incurred by the person
who was falsely accused of abuse or neglect in any proceeding
relating to the false report.
SECTION 53. Sections 261.108(b) and (c), Family Code, are
amended to read as follows:
(b) A court shall award a defendant reasonable and necessary
attorney's fees, court costs, and other expenses related to the
defense of a claim filed against the defendant for damages or other
relief arising from reporting or assisting in the investigation of
a report under this chapter or participating in a judicial
proceeding resulting from the report if:
(1) the court finds that the claim is frivolous,
unreasonable, or without foundation because the defendant is immune
from liability under Section 261.106; and
(2) the claim is dismissed or judgment is rendered for
the defendant.
(c) To recover under this section, the defendant must, at
any time after the filing of a claim, file a written motion stating
that:
(1) the claim is frivolous, unreasonable, or without
foundation because the defendant is immune from liability under
Section 261.106; and
(2) the defendant requests the court to award
reasonable and necessary attorney's fees, court costs, and other
expenses related to the defense of the claim.
SECTION 54. Section 261.110, Family Code, is amended by
amending Subsection (d) and adding Subsection (n) to read as
follows:
(d) A plaintiff who prevails in a suit under this section
may recover:
(1) actual damages, including damages for mental
anguish even if an injury other than mental anguish is not shown;
(2) exemplary damages under Chapter 41, Civil Practice
and Remedies Code, if the employer is a private employer; and
(3) [court costs; and
[(4)] reasonable and necessary attorney's fees, court
costs, and expenses.
(n) The court may order the fees, costs, expenses, and any
postjudgment interest under Subsection (d)(3) to be paid directly
to the attorney, who may enforce the order in the attorney's own
name by any means available for the enforcement of a judgment for
debt.
SECTION 55. Section 264.852(d), Family Code, is amended to
read as follows:
(d) A permanency care assistance agreement may provide for
reimbursement of the nonrecurring expenses a kinship provider
incurs in obtaining permanent managing conservatorship of a foster
child, including attorney's fees, [and] court costs, and
expenses. The reimbursement of the nonrecurring expenses under
this subsection may not exceed $2,000.
SECTION 56. The change in law made by this Act applies to a
suit that is filed on or after the effective date of this Act. A suit
filed before the effective date of this Act is governed by the law
in effect on the date the suit was filed, and the former law is
continued in effect for that purpose.
SECTION 57. This Act takes effect September 1, 2023.