| 1 | 1 | | 81R3244 KSD-D |
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| 2 | 2 | | By: Frost H.B. No. 2567 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to attorney's fees in certain postjudgment proceedings. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 9.014, Family Code, is amended to read as |
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| 10 | 10 | | follows: |
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| 11 | 11 | | Sec. 9.014. ATTORNEY'S FEES. The court may award |
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| 12 | 12 | | reasonable attorney's fees [as costs] in a proceeding under this |
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| 13 | 13 | | subchapter. The court may order the attorney's fees to be paid |
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| 14 | 14 | | directly to the attorney, who may enforce the order for fees in the |
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| 15 | 15 | | attorney's own name by any means available for the enforcement of a |
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| 16 | 16 | | judgment for debt. |
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| 17 | 17 | | SECTION 2. Subchapter B, Chapter 9, Family Code, is amended |
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| 18 | 18 | | by adding Section 9.106 to read as follows: |
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| 19 | 19 | | Sec. 9.106. ATTORNEY'S FEES. In a proceeding under this |
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| 20 | 20 | | subchapter, the court may award reasonable attorney's fees incurred |
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| 21 | 21 | | by a party to a divorce or annulment against the other party to the |
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| 22 | 22 | | divorce or annulment. The court may order the attorney's fees to be |
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| 23 | 23 | | paid directly to the attorney, who may enforce the order for fees in |
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| 24 | 24 | | the attorney's own name by any means available for the enforcement |
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| 25 | 25 | | of a judgment for debt. |
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| 26 | 26 | | SECTION 3. Section 9.205, Family Code, is amended to read as |
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| 27 | 27 | | follows: |
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| 28 | 28 | | Sec. 9.205. ATTORNEY'S FEES. In a proceeding to divide |
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| 29 | 29 | | property previously undivided in a decree of divorce or annulment |
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| 30 | 30 | | as provided by this subchapter, the court may award reasonable |
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| 31 | 31 | | attorney's fees [as costs]. The court may order the attorney's fees |
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| 32 | 32 | | to be paid directly to the attorney, who may enforce the order in |
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| 33 | 33 | | the attorney's own name by any means available for the enforcement |
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| 34 | 34 | | of a judgment for debt. |
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| 35 | 35 | | SECTION 4. The changes in law made by this Act apply only to |
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| 36 | 36 | | a proceeding commenced under Chapter 9, Family Code, on or after the |
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| 37 | 37 | | effective date of this Act. A proceeding commenced under Chapter 9, |
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| 38 | 38 | | Family Code, before the effective date of this Act is governed by |
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| 39 | 39 | | the law in effect immediately before that date, and the former law |
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| 40 | 40 | | is continued in effect for that purpose. |
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| 41 | 41 | | SECTION 5. This Act takes effect September 1, 2009. |
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