Texas 2023 - 88th Regular

Texas House Bill HB1546 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R1814 MLH-F
2	2	By: Cook H.B. No. 1546
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the recovery of fees, court costs, and expenses in
8	8	family law proceedings.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 6.502(a), Family Code, is amended to
11	11	read as follows:
12	12	(a) While a suit for dissolution of a marriage is pending
13	13	and on the motion of a party or on the court's own motion after
14	14	notice and hearing, the court may render an appropriate order,
15	15	including the granting of a temporary injunction for the
16	16	preservation of the property and protection of the parties as
17	17	deemed necessary and equitable and including an order directed to
18	18	one or both parties:
19	19	(1) requiring a sworn inventory and appraisement of
20	20	the real and personal property owned or claimed by the parties and
21	21	specifying the form, manner, and substance of the inventory and
22	22	appraisal and list of debts and liabilities;
23	23	(2) requiring payments to be made for the support of
24	24	either spouse;
25	25	(3) requiring the production of books, papers,
26	26	documents, and tangible things by a party;
27	27	(4) ordering payment of reasonable and necessary
28	28	attorney's fees, court costs, and expenses;
29	29	(5) appointing a receiver for the preservation and
30	30	protection of the property of the parties;
31	31	(6) awarding one spouse exclusive occupancy of the
32	32	residence during the pendency of the case;
33	33	(7) prohibiting the parties, or either party, from
34	34	spending funds beyond an amount the court determines to be for
35	35	reasonable and necessary living expenses;
36	36	(8) awarding one spouse exclusive control of a party's
37	37	usual business or occupation; or
38	38	(9) prohibiting an act described by Section 6.501(a).
39	39	SECTION 2. The heading to Section 6.708, Family Code, is
40	40	amended to read as follows:
41	41	Sec. 6.708. [COSTS;] ATTORNEY'S FEES, COURT COSTS, AND
42	42	EXPENSES.
43	43	SECTION 3. Section 6.708(c), Family Code, is amended to
44	44	read as follows:
45	45	(c) In a suit for dissolution of a marriage, the court may
46	46	award reasonable and necessary attorney's fees, court costs, and
47	47	expenses. The court may order the fees, costs, [and] expenses, and
48	48	any postjudgment interest to be paid directly to the attorney, who
49	49	may enforce the order in the attorney's own name by any means
50	50	available for the enforcement of a judgment for debt.
51	51	SECTION 4. Section 6.709(a), Family Code, is amended to
52	52	read as follows:
53	53	(a) In a suit for dissolution of a marriage, on the motion of
54	54	a party or on the court's own motion, after notice and hearing, the
55	55	trial court may render a temporary order as considered equitable
56	56	and necessary for the preservation of the property and for the
57	57	protection of the parties during an appeal, including an order
58	58	directed toward one or both parties:
59	59	(1) requiring the support of either spouse;
60	60	(2) requiring the payment of reasonable and necessary
61	61	attorney's fees, court costs, and expenses;
62	62	(3) appointing a receiver for the preservation and
63	63	protection of the property of the parties;
64	64	(4) awarding one spouse exclusive occupancy of the
65	65	parties' residence pending the appeal;
66	66	(5) enjoining a party from dissipating or transferring
67	67	the property awarded to the other party in the trial court's
68	68	property division; or
69	69	(6) suspending the operation of all or part of the
70	70	property division that is being appealed.
71	71	SECTION 5. Section 8.0591(b), Family Code, is amended to
72	72	read as follows:
73	73	(b) An obligor may file a suit to recover overpaid
74	74	maintenance under Subsection (a). If the court finds that the
75	75	obligee failed to return overpaid maintenance under Subsection (a),
76	76	the court shall order the obligee to pay the obligor's reasonable
77	77	and necessary attorney's fees, [and all] court costs, and expenses
78	78	in addition to the amount of the overpaid maintenance. For good
79	79	cause shown, the court may waive the requirement that the obligee
80	80	pay attorney's fees, [and] court costs, and expenses if the court
81	81	states in its order the reasons supporting that finding.
82	82	SECTION 6. Subchapter B, Chapter 8, Family Code, is amended
83	83	by adding Section 8.063 to read as follows:
84	84	Sec. 8.063. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES. In
85	85	a proceeding under Section 8.056, 8.057, or 8.059, the court may
86	86	award reasonable and necessary attorney's fees, court costs, and
87	87	expenses incurred by a party to the divorce or annulment. The court
88	88	may order the fees, costs, expenses, and any postjudgment interest
89	89	to be paid directly to the attorney, who may enforce the order in
90	90	the attorney's own name by any means available for the enforcement
91	91	of a judgment for debt.
92	92	SECTION 7. Section 8.206, Family Code, is amended by
93	93	amending Subsection (b) and adding Subsection (d) to read as
94	94	follows:
95	95	(b) An employer who receives, but does not comply with, an
96	96	order or writ of withholding is liable to:
97	97	(1) the obligee for any amount of spousal maintenance
98	98	not paid in compliance with the order or writ;
99	99	(2) the obligor for any amount withheld from the
100	100	obligor's disposable earnings, but not remitted to the obligee; and
101	101	(3) the obligee or obligor for reasonable and
102	102	necessary attorney's fees, [and] court costs, and expenses incurred
103	103	in recovering an amount described by Subdivision (1) or (2).
104	104	(d) The court may order the fees, costs, expenses, and any
105	105	postjudgment interest under Subsection (b)(3) to be paid directly
106	106	to the attorney, who may enforce the order in the attorney's own
107	107	name by any means available for the enforcement of a judgment for
108	108	debt.
109	109	SECTION 8. Section 8.208(c), Family Code, is amended to
110	110	read as follows:
111	111	(c) An employer who intentionally discharges an employee in
112	112	violation of this section is liable to that employee for current
113	113	wages, other employment benefits, and reasonable and necessary
114	114	attorney's fees, [and] court costs, and expenses incurred in
115	115	enforcing the employee's rights. The court may order the fees,
116	116	costs, expenses, and any postjudgment interest to be paid directly
117	117	to the attorney, who may enforce the order in the attorney's own
118	118	name by any means available for the enforcement of a judgment for
119	119	debt.
120	120	SECTION 9. Section 8.357, Family Code, is amended to read as
121	121	follows:
122	122	Sec. 8.357. ATTORNEY'S FEES, COURT [AND] COSTS, AND
123	123	EXPENSES. (a) In a proceeding under this subchapter, the court
124	124	may order the obligor to pay reasonable and necessary attorney's
125	125	fees, court costs, and expenses incurred by a party to obtain the
126	126	order[, all court costs,] and all fees charged by a plan
127	127	administrator for the qualified domestic relations order or similar
128	128	order.
129	129	(b) Fees, [and] costs, and expenses ordered under this
130	130	section may be enforced by any means available for the enforcement
131	131	of a judgment for debt.
132	132	SECTION 10. Section 9.014, Family Code, is amended to read
133	133	as follows:
134	134	Sec. 9.014. ATTORNEY'S FEES, COURT COSTS, AND
135	135	EXPENSES. The court may award reasonable and necessary attorney's
136	136	fees, court costs, and expenses in a proceeding under this
137	137	subchapter. The court may order the attorney's fees, court costs,
138	138	and expenses to be paid directly to the attorney, who may enforce
139	139	the order [for fees] in the attorney's own name by any means
140	140	available for the enforcement of a judgment for debt.
141	141	SECTION 11. Section 9.106, Family Code, is amended to read
142	142	as follows:
143	143	Sec. 9.106. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES. In
144	144	a proceeding under this subchapter, the court may award reasonable
145	145	and necessary attorney's fees, court costs, and expenses incurred
146	146	by a party to a divorce or annulment against the other party to the
147	147	divorce or annulment. The court may order the attorney's fees,
148	148	court costs, and expenses to be paid directly to the attorney, who
149	149	may enforce the order [for fees] in the attorney's own name by any
150	150	means available for the enforcement of a judgment for debt.
151	151	SECTION 12. Section 9.205, Family Code, is amended to read
152	152	as follows:
153	153	Sec. 9.205. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES. In
154	154	a proceeding to divide property previously undivided in a decree of
155	155	divorce or annulment as provided by this subchapter, the court may
156	156	award reasonable and necessary attorney's fees, court costs, and
157	157	expenses. The court may order the attorney's fees, court costs,
158	158	and expenses to be paid directly to the attorney, who may enforce
159	159	the order in the attorney's own name by any means available for the
160	160	enforcement of a judgment for debt.
161	161	SECTION 13. Section 41.002, Family Code, is amended to read
162	162	as follows:
163	163	Sec. 41.002. LIMIT OF DAMAGES. Recovery for damage caused
164	164	by wilful and malicious conduct is limited to actual damages, not to
165	165	exceed $25,000 per occurrence, plus reasonable and necessary
166	166	attorney's fees, court costs, and expenses [reasonable attorney's
167	167	fees].
168	168	SECTION 14. Section 41.0025(a), Family Code, is amended to
169	169	read as follows:
170	170	(a) Notwithstanding Section 41.002, recovery of damages by
171	171	an inn or hotel for wilful and malicious conduct is limited to
172	172	actual damages, not to exceed $25,000 per occurrence, plus
173	173	reasonable and necessary attorney's fees, court costs, and expenses
174	174	[reasonable attorney's fees].
175	175	SECTION 15. Section 42.006(a), Family Code, is amended to
176	176	read as follows:
177	177	(a) Damages may include:
178	178	(1) reasonable and necessary attorney's fees, court
179	179	[the actual] costs, and expenses incurred[, including attorney's
180	180	fees,] in:
181	181	(A) locating a child who is the subject of the
182	182	order;
183	183	(B) recovering possession of the child if the
184	184	petitioner is entitled to possession; and
185	185	(C) enforcing the order and prosecuting the suit;
186	186	and
187	187	(2) mental suffering and anguish incurred by the
188	188	plaintiff because of a violation of the order.
189	189	SECTION 16. Section 42.009, Family Code, is amended to read
190	190	as follows:
191	191	Sec. 42.009. FRIVOLOUS SUIT. A person sued for damages as
192	192	provided by this chapter is entitled to recover reasonable and
193	193	necessary attorney's fees, [and] court costs, and expenses if:
194	194	(1) the claim for damages is dismissed or judgment is
195	195	awarded to the defendant; and
196	196	(2) the court or jury finds that the claim for damages
197	197	is frivolous, unreasonable, or without foundation.
198	198	SECTION 17. The heading to Section 81.005, Family Code, is
199	199	amended to read as follows:
200	200	Sec. 81.005. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES.
201	201	SECTION 18. Section 81.005(a), Family Code, is amended to
202	202	read as follows:
203	203	(a) The court may assess reasonable and necessary
204	204	attorney's fees, court costs, and expenses against the party found
205	205	to have committed family violence or a party against whom an agreed
206	206	protective order is rendered under Section 85.005 as compensation
207	207	for the services of a private or prosecuting attorney or an attorney
208	208	employed by the Department of Family and Protective Services. The
209	209	court may order the fees, costs, expenses, and any postjudgment
210	210	interest to be paid directly to the attorney, who may enforce the
211	211	order in the attorney's own name by any means available for the
212	212	enforcement of a judgment for debt.
213	213	SECTION 19. Section 105.001(a), Family Code, is amended to
214	214	read as follows:
215	215	(a) In a suit, the court may make a temporary order,
216	216	including the modification of a prior temporary order, for the
217	217	safety and welfare of the child, including an order:
218	218	(1) for the temporary conservatorship of the child;
219	219	(2) for the temporary support of the child;
220	220	(3) restraining a party from disturbing the peace of
221	221	the child or another party;
222	222	(4) prohibiting a person from removing the child
223	223	beyond a geographical area identified by the court; or
224	224	(5) for payment of reasonable and necessary attorney's
225	225	fees, court costs, and expenses.
226	226	SECTION 20. Section 106.002, Family Code, is amended to
227	227	read as follows:
228	228	Sec. 106.002. ATTORNEY'S FEES, COURT COSTS, AND
229	229	EXPENSES. (a) In a suit or motion under this title and in a habeas
230	230	corpus proceeding, the court may render judgment for reasonable and
231	231	necessary attorney's fees, court costs, and expenses and order the
232	232	judgment and postjudgment interest to be paid directly to an
233	233	attorney.
234	234	(b) A judgment for attorney's fees, court costs, and
235	235	expenses may be enforced in the attorney's name by any means
236	236	available for the enforcement of a judgment for debt.
237	237	SECTION 21. Section 107.023, Family Code, is amended to
238	238	read as follows:
239	239	Sec. 107.023. FEES, COURT COSTS, AND EXPENSES IN SUITS
240	240	OTHER THAN SUITS BY GOVERNMENTAL ENTITY. (a) In a suit other than
241	241	a suit filed by a governmental entity requesting termination of the
242	242	parent-child relationship or appointment of the entity as
243	243	conservator of the child, in addition to the attorney's fees that
244	244	may be awarded under Chapter 106, the following persons are
245	245	entitled to reasonable and necessary fees, court costs, and
246	246	expenses in an amount set by the court and ordered to be paid by one
247	247	or more parties to the suit:
248	248	(1) an attorney appointed as an amicus attorney or as
249	249	an attorney ad litem for the child; and
250	250	(2) a professional who holds a relevant professional
251	251	license and who is appointed as guardian ad litem for the child,
252	252	other than a volunteer advocate.
253	253	(b) The court shall:
254	254	(1) determine the fees, costs, and expenses of an
255	255	amicus attorney, an attorney ad litem, or a guardian ad litem by
256	256	reference to the reasonable and customary fees for similar services
257	257	in the county of jurisdiction;
258	258	(2) order a reasonable cost deposit to be made at the
259	259	time the court makes the appointment; and
260	260	(3) before the final hearing, order an additional
261	261	amount to be paid to the credit of a trust account for the use and
262	262	benefit of the amicus attorney, attorney ad litem, or guardian ad
263	263	litem.
264	264	(c) A court may not award [costs,] fees, costs, or expenses
265	265	to an amicus attorney, attorney ad litem, or guardian ad litem
266	266	against the state, a state agency, or a political subdivision of the
267	267	state under this part.
268	268	(d) The court may determine that fees, costs, and expenses
269	269	awarded under this subchapter to an amicus attorney, an attorney ad
270	270	litem for the child, or a guardian ad litem for the child are
271	271	necessaries for the benefit of the child.
272	272	SECTION 22. Section 109.001(a), Family Code, is amended to
273	273	read as follows:
274	274	(a) In a suit affecting the parent-child relationship, on
275	275	the motion of any party or on the court's own motion and after
276	276	notice and hearing, the court may make any order necessary to
277	277	preserve and protect the safety and welfare of the child during the
278	278	pendency of an appeal as the court may deem necessary and
279	279	equitable. In addition to other matters, an order may:
280	280	(1) appoint temporary conservators for the child and
281	281	provide for possession of the child;
282	282	(2) require the temporary support of the child by a
283	283	party;
284	284	(3) enjoin a party from molesting or disturbing the
285	285	peace of the child or another party;
286	286	(4) prohibit a person from removing the child beyond a
287	287	geographical area identified by the court;
288	288	(5) require payment of reasonable and necessary
289	289	attorney's fees, court costs, and expenses; or
290	290	(6) suspend the operation of the order or judgment
291	291	that is being appealed.
292	292	SECTION 23. Section 152.208(c), Family Code, is amended to
293	293	read as follows:
294	294	(c) If a court dismisses a petition or stays a proceeding
295	295	because it declines to exercise its jurisdiction pursuant to
296	296	Subsection (a), it shall assess against the party seeking to invoke
297	297	its jurisdiction [necessary and] reasonable and necessary
298	298	attorney's fees, court costs, and expenses including [costs,]
299	299	communication expenses, [attorney's fees,] investigative fees,
300	300	expenses for witnesses, travel expenses, and child care during the
301	301	course of the proceedings, unless the party from whom fees are
302	302	sought establishes that the assessment would be clearly
303	303	inappropriate. The court may not assess fees, costs, or expenses
304	304	against this state unless authorized by law other than this
305	305	chapter.
306	306	SECTION 24. The heading to Section 152.312, Family Code, is
307	307	amended to read as follows:
308	308	Sec. 152.312. [COSTS,] FEES, COURT COSTS, AND EXPENSES.
309	309	SECTION 25. Section 152.312(a), Family Code, is amended to
310	310	read as follows:
311	311	(a) The court shall award the prevailing party, including a
312	312	state, [necessary and] reasonable and necessary attorney's fees,
313	313	court costs, and expenses incurred by or on behalf of the party,
314	314	including [costs,] communication expenses, [attorney's fees,]
315	315	investigative fees, expenses for witnesses, travel expenses, and
316	316	child care during the course of the proceedings, unless the party
317	317	from whom fees, costs, or expenses are sought establishes that the
318	318	award would be clearly inappropriate. The court may order the fees,
319	319	costs, expenses, and any postjudgment interest to be paid directly
320	320	to the attorney, who may enforce the order in the attorney's own
321	321	name by any means available for the enforcement of a judgment for
322	322	debt.
323	323	SECTION 26. Section 154.012(b), Family Code, is amended to
324	324	read as follows:
325	325	(b) An obligor may file a suit to recover a child support
326	326	payment under Subsection (a). If the court finds that the obligee
327	327	failed to return a child support payment under Subsection (a), the
328	328	court shall order the obligee to pay to the obligor reasonable and
329	329	necessary attorney's fees, [and all] court costs, and expenses in
330	330	addition to the amount of support paid after the date the child
331	331	support order terminated. The court may order the fees, costs,
332	332	expenses, and any postjudgment interest to be paid directly to the
333	333	attorney, who may enforce the order in the attorney's own name by
334	334	any means available for the enforcement of a judgment for debt. For
335	335	good cause shown, the court may waive the requirement that the
336	336	obligee pay attorney's fees, court [and] costs, and expenses if the
337	337	court states the reasons supporting that finding.
338	338	SECTION 27. Section 156.005, Family Code, is amended to
339	339	read as follows:
340	340	Sec. 156.005. FRIVOLOUS FILING OF SUIT FOR
341	341	MODIFICATION. Notwithstanding Rules 296 through 299, Texas Rules
342	342	of Civil Procedure, if the court finds that a suit for modification
343	343	is filed frivolously or is designed to harass a party, the court
344	344	shall state that finding in the order and assess reasonable and
345	345	necessary attorney's fees, court [as] costs, and expenses against
346	346	the offending party.
347	347	SECTION 28. Section 157.110(c), Family Code, is amended to
348	348	read as follows:
349	349	(c) The court may order that all or part of the forfeited
350	350	amount be applied to pay reasonable and necessary attorney's fees,
351	351	court [and] costs, and expenses incurred by the person or entity
352	352	bringing the motion for contempt or motion for forfeiture.
353	353	SECTION 29. Section 157.162(b), Family Code, is amended to
354	354	read as follows:
355	355	(b) A finding that the respondent is not in contempt does
356	356	not preclude the court from awarding the petitioner court costs and
357	357	reasonable and necessary attorney's fees, court costs, and expenses
358	358	or ordering any other enforcement remedy, including rendering a
359	359	money judgment, posting a bond or other security, or withholding
360	360	income. The court may order the fees, costs, expenses, and any
361	361	postjudgment interest to be paid directly to the attorney, who may
362	362	enforce the order in the attorney's own name by any means available
363	363	for the enforcement of a judgment for debt.
364	364	SECTION 30. Section 157.167, Family Code, is amended to
365	365	read as follows:
366	366	Sec. 157.167. RESPONDENT TO PAY ATTORNEY'S FEES, COURT
367	367	[AND] COSTS, AND EXPENSES. (a) If the court finds that the
368	368	respondent has failed to make child support payments, the court
369	369	shall order the respondent to pay the movant's reasonable and
370	370	necessary attorney's fees, [and all] court costs, and expenses in
371	371	addition to the arrearages. Fees, [and] costs, and expenses
372	372	ordered under this subsection may be enforced by any means
373	373	available for the enforcement of child support, including contempt.
374	374	The court may order the fees, costs, expenses, and any postjudgment
375	375	interest to be paid directly to the attorney, who may enforce the
376	376	order in the attorney's own name by any means available for the
377	377	enforcement of a judgment for debt.
378	378	(b) If the court finds that the respondent has failed to
379	379	comply with the terms of an order providing for the possession of or
380	380	access to a child, the court shall order the respondent to pay the
381	381	movant's reasonable and necessary attorney's fees, [and all] court
382	382	costs, and expenses in addition to any other remedy. If the court
383	383	finds that the enforcement of the order with which the respondent
384	384	failed to comply was necessary to ensure the child's physical or
385	385	emotional health or welfare, the fees, [and] costs, and expenses
386	386	ordered under this subsection may be enforced by any means
387	387	available for the enforcement of child support, including contempt,
388	388	but not including income withholding.
389	389	(c) Except as provided by Subsection (d), for good cause
390	390	shown, the court may waive the requirement that the respondent pay
391	391	reasonable and necessary attorney's fees, [and] costs, and expenses
392	392	if the court states the reasons supporting that finding.
393	393	(d) If the court finds that the respondent is in contempt of
394	394	court for failure or refusal to pay child support and that the
395	395	respondent owes $20,000 or more in child support arrearages, the
396	396	court may not waive the requirement that the respondent pay
397	397	reasonable and necessary attorney's fees, [and] costs, and expenses
398	398	unless the court also finds that the respondent:
399	399	(1) is involuntarily unemployed or is disabled; and
400	400	(2) lacks the financial resources to pay the
401	401	attorney's fees, [and] costs, and expenses.
402	402	SECTION 31. Section 157.211, Family Code, is amended to
403	403	read as follows:
404	404	Sec. 157.211. CONDITIONS OF COMMUNITY SUPERVISION. (a) If
405	405	the court places the respondent on community supervision and
406	406	suspends commitment, the terms and conditions of community
407	407	supervision may include the requirement that the respondent:
408	408	(1) report to the community supervision officer as
409	409	directed;
410	410	(2) permit the community supervision officer to visit
411	411	the respondent at the respondent's home or elsewhere;
412	412	(3) obtain counseling on financial planning, budget
413	413	management, conflict resolution, parenting skills, alcohol or drug
414	414	abuse, or other matters causing the respondent to fail to obey the
415	415	order;
416	416	(4) pay required child support and any child support
417	417	arrearages;
418	418	(5) pay reasonable and necessary [court costs and]
419	419	attorney's fees, court costs, and expenses ordered by the court;
420	420	(6) seek employment assistance services offered by the
421	421	Texas Workforce Commission under Section 302.0035, Labor Code, if
422	422	appropriate; and
423	423	(7) participate in mediation or other services to
424	424	alleviate conditions that prevent the respondent from obeying the
425	425	court's order.
426	426	(b) The court may order the fees, costs, expenses, and any
427	427	postjudgment interest under Subsection (a)(5) to be paid directly
428	428	to the attorney, who may enforce the order in the attorney's own
429	429	name by any means available for the enforcement of a judgment for
430	430	debt.
431	431	SECTION 32. Section 157.268, Family Code, is amended to
432	432	read as follows:
433	433	Sec. 157.268. APPLICATION OF CHILD SUPPORT PAYMENT. Child
434	434	support collected shall be applied in the following order of
435	435	priority:
436	436	(1) current child support;
437	437	(2) non-delinquent child support owed;
438	438	(3) the principal amount of child support that has not
439	439	been confirmed and reduced to money judgment;
440	440	(4) the principal amount of child support that has
441	441	been confirmed and reduced to money judgment;
442	442	(5) interest on the principal amounts specified in
443	443	Subdivisions (3) and (4); and
444	444	(6) the amount of any ordered reasonable and necessary
445	445	attorney's fees, court [or] costs, expenses, or Title IV-D service
446	446	fees authorized under Section 231.103 for which the obligor is
447	447	responsible.
448	448	SECTION 33. Section 157.318(a), Family Code, is amended to
449	449	read as follows:
450	450	(a) Subject to Subsection (d), a lien is effective until all
451	451	current support and child support arrearages, including [interest,
452	452	any costs and] reasonable and necessary attorney's fees, court
453	453	costs, expenses, postjudgment interest, and any Title IV-D service
454	454	fees authorized under Section 231.103 for which the obligor is
455	455	responsible, have been paid or the lien is otherwise released as
456	456	provided by this subchapter.
457	457	SECTION 34. Section 157.322(a), Family Code, is amended to
458	458	read as follows:
459	459	(a) On payment in full of the amount of child support due,
460	460	together with any [costs and] reasonable and necessary attorney's
461	461	fees, court costs, and expenses, the child support lien claimant
462	462	shall execute and deliver to the obligor or the obligor's attorney a
463	463	release of the child support lien.
464	464	SECTION 35. Section 157.323, Family Code, is amended by
465	465	amending Subsection (c) and adding Subsection (e) to read as
466	466	follows:
467	467	(c) If arrearages are owed by the obligor, the court shall:
468	468	(1) render judgment against the obligor for the amount
469	469	due, plus [costs and] reasonable and necessary attorney's fees,
470	470	court costs, and expenses;
471	471	(2) order any official authorized to levy execution to
472	472	satisfy reasonable and necessary attorney's fees, court costs,
473	473	expenses, and the lien[, costs, and attorney's fees] by selling any
474	474	property on which a lien is established under this subchapter; or
475	475	(3) order an individual or organization in possession
476	476	of nonexempt personal property or cash owned by the obligor to
477	477	dispose of the property as the court may direct.
478	478	(e) The court may order the fees, costs, expenses, and any
479	479	postjudgment interest under Subsection (c)(1) or (2) to be paid
480	480	directly to the attorney, who may enforce the order in the
481	481	attorney's own name by any means available for the enforcement of a
482	482	judgment for debt.
483	483	SECTION 36. Section 157.330(b), Family Code, is amended to
484	484	read as follows:
485	485	(b) A claimant may recover [costs and] reasonable and
486	486	necessary attorney's fees, court costs, and expenses incurred in an
487	487	action under this section. The court may order the fees, costs,
488	488	expenses, and any postjudgment interest to be paid directly to the
489	489	attorney, who may enforce the order in the attorney's own name by
490	490	any means available for the enforcement of a judgment for debt.
491	491	SECTION 37. Section 157.507, Family Code, is amended to
492	492	read as follows:
493	493	Sec. 157.507. ATTORNEY'S FEES, COURT [AND] COSTS, AND
494	494	EXPENSES. (a) In a proceeding under this subchapter, the court
495	495	may order the obligor to pay reasonable and necessary attorney's
496	496	fees, court costs, and expenses incurred by a party to obtain the
497	497	order[, all court costs,] and all fees charged by a plan
498	498	administrator for the qualified domestic relations order or similar
499	499	order.
500	500	(b) Fees, [and] costs, and expenses ordered under this
501	501	section may be enforced by any means available for the enforcement
502	502	of child support, including contempt.
503	503	SECTION 38. The heading to Section 158.0051, Family Code,
504	504	is amended to read as follows:
505	505	Sec. 158.0051. ORDER FOR WITHHOLDING FOR ATTORNEY'S [COSTS
506	506	AND] FEES, COURT COSTS, AND EXPENSES.
507	507	SECTION 39. Sections 158.0051(a) and (c), Family Code, are
508	508	amended to read as follows:
509	509	(a) In addition to an order for income to be withheld for
510	510	child support, including child support and child support
511	511	arrearages, the court may render an order that income be withheld
512	512	from the disposable earnings of the obligor to be applied towards
513	513	the satisfaction of any ordered reasonable and necessary attorney's
514	514	fees, court [and] costs, and expenses resulting from an action to
515	515	enforce child support under this title.
516	516	(c) The court shall order that amounts withheld for fees,
517	517	[and] costs, and expenses under this section be remitted directly
518	518	to the person entitled to the ordered attorney's fees, [or] costs,
519	519	or expenses or be paid through a local registry for disbursement to
520	520	that person.
521	521	SECTION 40. Section 158.102, Family Code, is amended to
522	522	read as follows:
523	523	Sec. 158.102. TIME LIMITATIONS. An order or writ for
524	524	income withholding under this chapter may be issued until all
525	525	current support and child support arrearages, interest, and any
526	526	applicable fees and costs, including ordered reasonable and
527	527	necessary attorney's fees, [and] court costs, and expenses, have
528	528	been paid.
529	529	SECTION 41. Section 158.206, Family Code, is amended by
530	530	amending Subsection (b) and adding Subsection (d) to read as
531	531	follows:
532	532	(b) An employer receiving an order or writ of withholding
533	533	who does not comply with the order or writ is liable:
534	534	(1) to the obligee for the amount not paid in
535	535	compliance with the order or writ, including the amount the obligor
536	536	is required to pay for health insurance or dental insurance under
537	537	Chapter 154;
538	538	(2) to the obligor for:
539	539	(A) the amount withheld and not paid as required
540	540	by the order or writ; and
541	541	(B) an amount equal to the interest that accrues
542	542	under Section 157.265 on the amount withheld and not paid; and
543	543	(3) for reasonable and necessary attorney's fees,
544	544	[and] court costs, and expenses.
545	545	(d) The court may order the fees, costs, and expenses under
546	546	Subsection (b)(3) and any postjudgment interest under Subsection
547	547	(b)(2)(B) to be paid directly to the attorney, who may enforce the
548	548	order in the attorney's own name by any means available for the
549	549	enforcement of a judgment for debt.
550	550	SECTION 42. Section 158.209(c), Family Code, is amended to
551	551	read as follows:
552	552	(c) If an employer intentionally discharges an employee in
553	553	violation of this section, the employer continues to be liable to
554	554	the employee for current wages and other benefits and for
555	555	reasonable and necessary attorney's fees, [and] court costs, and
556	556	expenses incurred in enforcing the employee's rights as provided in
557	557	this section. The court may order the fees, costs, expenses, and any
558	558	postjudgment interest to be paid directly to the attorney, who may
559	559	enforce the order in the attorney's own name by any means available
560	560	for the enforcement of a judgment for debt.
561	561	SECTION 43. Section 159.305, Family Code, is amended by
562	562	amending Subsection (b) and adding Subsection (g) to read as
563	563	follows:
564	564	(b) A responding tribunal of this state, to the extent not
565	565	prohibited by other law, may do one or more of the following:
566	566	(1) establish or enforce a support order, modify a
567	567	child support order, determine the controlling child support order,
568	568	or determine parentage of a child;
569	569	(2) order an obligor to comply with a support order,
570	570	specifying the amount and the manner of compliance;
571	571	(3) order income withholding;
572	572	(4) determine the amount of any arrearages and specify
573	573	a method of payment;
574	574	(5) enforce orders by civil or criminal contempt, or
575	575	both;
576	576	(6) set aside property for satisfaction of the support
577	577	order;
578	578	(7) place liens and order execution on the obligor's
579	579	property;
580	580	(8) order an obligor to keep the tribunal informed of
581	581	the obligor's current residential address, electronic mail
582	582	address, telephone number, employer, address of employment, and
583	583	telephone number at the place of employment;
584	584	(9) issue a bench warrant or capias for an obligor who
585	585	has failed after proper notice to appear at a hearing ordered by the
586	586	tribunal and enter the bench warrant or capias in any local and
587	587	state computer systems for criminal warrants;
588	588	(10) order the obligor to seek appropriate employment
589	589	by specified methods;
590	590	(11) award reasonable and necessary attorney's fees,
591	591	court costs, expenses, and other fees [and costs]; and
592	592	(12) grant any other available remedy.
593	593	(g) The court may order the fees, costs, expenses, and any
594	594	postjudgment interest under Subsection (b)(11) to be paid directly
595	595	to the attorney, who may enforce the order in the attorney's own
596	596	name by any means available for the enforcement of a judgment for
597	597	debt.
598	598	SECTION 44. The heading to Section 159.313, Family Code, is
599	599	amended to read as follows:
600	600	Sec. 159.313. [COSTS AND] FEES, COSTS, AND EXPENSES.
601	601	SECTION 45. Sections 159.313(b) and (c), Family Code, are
602	602	amended to read as follows:
603	603	(b) If an obligee prevails, a responding tribunal of this
604	604	state may assess against an obligor [filing fees,] reasonable and
605	605	necessary attorney's fees, court costs, expenses, filing fees,
606	606	other costs, and necessary travel and other reasonable expenses
607	607	incurred by the obligee and the obligee's witnesses. The tribunal
608	608	may not assess fees, costs, or expenses against the obligee or the
609	609	support enforcement agency of either the initiating or responding
610	610	state or foreign country, except as provided by other
611	611	law. Attorney's fees may be taxed as costs, and may be ordered paid
612	612	directly to the attorney, who may enforce the order in the
613	613	attorney's own name. Payment of support owed to the obligee has
614	614	priority over fees, costs, and expenses.
615	615	(c) The tribunal shall order the payment of [costs and]
616	616	reasonable and necessary attorney's fees, court costs, and expenses
617	617	if it determines that a hearing was requested primarily for
618	618	delay. In a proceeding under Subchapter G, a hearing is presumed
619	619	to have been requested primarily for delay if a registered support
620	620	order is confirmed or enforced without change.
621	621	SECTION 46. The heading to Section 160.636, Family Code, is
622	622	amended to read as follows:
623	623	Sec. 160.636. ORDER ADJUDICATING PARENTAGE; FEES, COSTS,
624	624	AND EXPENSES.
625	625	SECTION 47. Section 160.636(c), Family Code, is amended to
626	626	read as follows:
627	627	(c) Except as otherwise provided by Subsection (d), the
628	628	court may assess [filing fees,] reasonable and necessary attorney's
629	629	fees, court costs, expenses, filing fees, fees for genetic testing,
630	630	other costs, and necessary travel and other reasonable expenses
631	631	incurred in a proceeding under this subchapter. Attorney's fees
632	632	awarded by the court may be paid directly to the attorney. An
633	633	attorney who is awarded attorney's fees may enforce the order in the
634	634	attorney's own name by any means available for the enforcement of a
635	635	judgment for debt.
636	636	SECTION 48. Section 160.762(d), Family Code, is amended to
637	637	read as follows:
638	638	(d) The court may assess [filing fees,] reasonable and
639	639	necessary attorney's fees, court costs, expenses, filing fees, fees
640	640	for genetic testing, other costs, and necessary travel and other
641	641	reasonable expenses incurred in a proceeding under this
642	642	section. Attorney's fees awarded by the court may be paid directly
643	643	to the attorney. An attorney who is awarded attorney's fees may
644	644	enforce the order in the attorney's own name by any means available
645	645	for the enforcement of a judgment for debt.
646	646	SECTION 49. Section 231.006(f), Family Code, is amended to
647	647	read as follows:
648	648	(f) If the certificate required under Subsection (d) is
649	649	shown to be false, the vendor is liable to the state for reasonable
650	650	and necessary attorney's fees, court costs, expenses, the costs
651	651	necessary to complete the contract, including the cost of
652	652	advertising and awarding a second contract, and any other damages
653	653	provided by law or contract.
654	654	SECTION 50. Section 231.211, Family Code, is amended to
655	655	read as follows:
656	656	Sec. 231.211. AWARD OF ATTORNEY'S FEES, COURT COSTS, AND
657	657	EXPENSES [COST] AGAINST NONPREVAILING PARTY IN TITLE IV-D
658	658	CASE. (a) At the conclusion of a Title IV-D case, the court may
659	659	assess reasonable and necessary attorney's fees, [and all] court
660	660	costs, and expenses as authorized by law against the nonprevailing
661	661	party, except that the court may not assess those amounts against
662	662	the Title IV-D agency or a private attorney or political
663	663	subdivision that has entered into a contract under this chapter or
664	664	any party to whom the agency has provided services under this
665	665	chapter. [Such fees and costs may not exceed reasonable and
666	666	necessary costs as determined by the court.]
667	667	(b) The clerk of the court may take any action necessary to
668	668	collect any fees, [or] costs, or expenses assessed under this
669	669	section.
670	670	SECTION 51. Section 231.303(c), Family Code, is amended to
671	671	read as follows:
672	672	(c) A court may compel compliance with an administrative
673	673	subpoena and with any administrative fine for failure to comply
674	674	with the subpoena and may award reasonable and necessary attorney's
675	675	fees, [and] costs, and expenses to the Title IV-D agency in
676	676	enforcing an administrative subpoena on proof that an individual or
677	677	organization failed without good cause to comply with the subpoena.
678	678	SECTION 52. Section 261.107(d), Family Code, is amended to
679	679	read as follows:
680	680	(d) The court shall order a person who is convicted of an
681	681	offense under Subsection (a) to pay any reasonable and necessary
682	682	attorney's fees, court costs, and expenses incurred by the person
683	683	who was falsely accused of abuse or neglect in any proceeding
684	684	relating to the false report.
685	685	SECTION 53. Sections 261.108(b) and (c), Family Code, are
686	686	amended to read as follows:
687	687	(b) A court shall award a defendant reasonable and necessary
688	688	attorney's fees, court costs, and other expenses related to the
689	689	defense of a claim filed against the defendant for damages or other
690	690	relief arising from reporting or assisting in the investigation of
691	691	a report under this chapter or participating in a judicial
692	692	proceeding resulting from the report if:
693	693	(1) the court finds that the claim is frivolous,
694	694	unreasonable, or without foundation because the defendant is immune
695	695	from liability under Section 261.106; and
696	696	(2) the claim is dismissed or judgment is rendered for
697	697	the defendant.
698	698	(c) To recover under this section, the defendant must, at
699	699	any time after the filing of a claim, file a written motion stating
700	700	that:
701	701	(1) the claim is frivolous, unreasonable, or without
702	702	foundation because the defendant is immune from liability under
703	703	Section 261.106; and
704	704	(2) the defendant requests the court to award
705	705	reasonable and necessary attorney's fees, court costs, and other
706	706	expenses related to the defense of the claim.
707	707	SECTION 54. Section 261.110, Family Code, is amended by
708	708	amending Subsection (d) and adding Subsection (n) to read as
709	709	follows:
710	710	(d) A plaintiff who prevails in a suit under this section
711	711	may recover:
712	712	(1) actual damages, including damages for mental
713	713	anguish even if an injury other than mental anguish is not shown;
714	714	(2) exemplary damages under Chapter 41, Civil Practice
715	715	and Remedies Code, if the employer is a private employer; and
716	716	(3) [court costs; and
717	717	[(4)] reasonable and necessary attorney's fees, court
718	718	costs, and expenses.
719	719	(n) The court may order the fees, costs, expenses, and any
720	720	postjudgment interest under Subsection (d)(3) to be paid directly
721	721	to the attorney, who may enforce the order in the attorney's own
722	722	name by any means available for the enforcement of a judgment for
723	723	debt.
724	724	SECTION 55. Section 264.852(d), Family Code, is amended to
725	725	read as follows:
726	726	(d) A permanency care assistance agreement may provide for
727	727	reimbursement of the nonrecurring expenses a kinship provider
728	728	incurs in obtaining permanent managing conservatorship of a foster
729	729	child, including attorney's fees, [and] court costs, and
730	730	expenses. The reimbursement of the nonrecurring expenses under
731	731	this subsection may not exceed $2,000.
732	732	SECTION 56. The change in law made by this Act applies to a
733	733	suit that is filed on or after the effective date of this Act. A suit
734	734	filed before the effective date of this Act is governed by the law
735	735	in effect on the date the suit was filed, and the former law is
736	736	continued in effect for that purpose.
737	737	SECTION 57. This Act takes effect September 1, 2023.