Texas 2025 - 89th Regular

Texas House Bill HB2524 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1544 PRL-F
2	2	By: Cook H.B. No. 2524
3	3
4	4
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the recovery of fees, court costs, and expenses in
10	10	family law proceedings.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 6.502(a), Family Code, is amended to
13	13	read as follows:
14	14	(a) While a suit for dissolution of a marriage is pending
15	15	and on the motion of a party or on the court's own motion after
16	16	notice and hearing, the court may render an appropriate order,
17	17	including the granting of a temporary injunction for the
18	18	preservation of the property and protection of the parties as
19	19	deemed necessary and equitable and including an order directed to
20	20	one or both parties:
21	21	(1) requiring a sworn inventory and appraisement of
22	22	the real and personal property owned or claimed by the parties and
23	23	specifying the form, manner, and substance of the inventory and
24	24	appraisal and list of debts and liabilities;
25	25	(2) requiring payments to be made for the support of
26	26	either spouse;
27	27	(3) requiring the production of books, papers,
28	28	documents, and tangible things by a party;
29	29	(4) ordering payment of reasonable and necessary
30	30	attorney's fees, court costs, and expenses;
31	31	(5) appointing a receiver for the preservation and
32	32	protection of the property of the parties;
33	33	(6) awarding one spouse exclusive occupancy of the
34	34	residence during the pendency of the case;
35	35	(7) prohibiting the parties, or either party, from
36	36	spending funds beyond an amount the court determines to be for
37	37	reasonable and necessary living expenses;
38	38	(8) awarding one spouse exclusive control of a party's
39	39	usual business or occupation; or
40	40	(9) prohibiting an act described by Section 6.501(a).
41	41	SECTION 2. The heading to Section 6.708, Family Code, is
42	42	amended to read as follows:
43	43	Sec. 6.708. [COSTS;] ATTORNEY'S FEES, COURT COSTS, AND
44	44	EXPENSES.
45	45	SECTION 3. Section 6.708(c), Family Code, is amended to
46	46	read as follows:
47	47	(c) In a suit for dissolution of a marriage, the court may
48	48	award reasonable and necessary attorney's fees, court costs, and
49	49	expenses. The court may order the fees, costs, [and] expenses, and
50	50	any postjudgment interest to be paid directly to the attorney, who
51	51	may enforce the order in the attorney's own name by any means
52	52	available for the enforcement of a judgment for debt.
53	53	SECTION 4. Section 6.709(a), Family Code, is amended to
54	54	read as follows:
55	55	(a) In a suit for dissolution of a marriage, on the motion of
56	56	a party or on the court's own motion, after notice and hearing, the
57	57	trial court may render a temporary order as considered equitable
58	58	and necessary for the preservation of the property and for the
59	59	protection of the parties during an appeal, including an order
60	60	directed toward one or both parties:
61	61	(1) requiring the support of either spouse;
62	62	(2) requiring the payment of reasonable and necessary
63	63	attorney's fees, court costs, and expenses;
64	64	(3) appointing a receiver for the preservation and
65	65	protection of the property of the parties;
66	66	(4) awarding one spouse exclusive occupancy of the
67	67	parties' residence pending the appeal;
68	68	(5) enjoining a party from dissipating or transferring
69	69	the property awarded to the other party in the trial court's
70	70	property division; or
71	71	(6) suspending the operation of all or part of the
72	72	property division that is being appealed.
73	73	SECTION 5. Section 8.0591(b), Family Code, is amended to
74	74	read as follows:
75	75	(b) An obligor may file a suit to recover overpaid
76	76	maintenance under Subsection (a). If the court finds that the
77	77	obligee failed to return overpaid maintenance under Subsection (a),
78	78	the court shall order the obligee to pay the obligor's reasonable
79	79	and necessary attorney's fees, [and all] court costs, and expenses
80	80	in addition to the amount of the overpaid maintenance. For good
81	81	cause shown, the court may waive the requirement that the obligee
82	82	pay attorney's fees, [and] court costs, and expenses if the court
83	83	states in its order the reasons supporting that finding.
84	84	SECTION 6. Subchapter B, Chapter 8, Family Code, is amended
85	85	by adding Section 8.063 to read as follows:
86	86	Sec. 8.063. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES. In
87	87	a proceeding under Section 8.056, 8.057, or 8.059, the court may
88	88	award reasonable and necessary attorney's fees, court costs, and
89	89	expenses incurred by a party to the divorce or annulment. The court
90	90	may order the fees, costs, expenses, and any postjudgment interest
91	91	to be paid directly to the attorney, who may enforce the order in
92	92	the attorney's own name by any means available for the enforcement
93	93	of a judgment for debt.
94	94	SECTION 7. Section 8.206, Family Code, is amended by
95	95	amending Subsection (b) and adding Subsection (d) to read as
96	96	follows:
97	97	(b) An employer who receives, but does not comply with, an
98	98	order or writ of withholding is liable to:
99	99	(1) the obligee for any amount of spousal maintenance
100	100	not paid in compliance with the order or writ;
101	101	(2) the obligor for any amount withheld from the
102	102	obligor's disposable earnings, but not remitted to the obligee; and
103	103	(3) the obligee or obligor for reasonable and
104	104	necessary attorney's fees, [and] court costs, and expenses incurred
105	105	in recovering an amount described by Subdivision (1) or (2).
106	106	(d) The court may order the fees, costs, expenses, and any
107	107	postjudgment interest under Subsection (b)(3) to be paid directly
108	108	to the attorney, who may enforce the order in the attorney's own
109	109	name by any means available for the enforcement of a judgment for
110	110	debt.
111	111	SECTION 8. Section 8.208(c), Family Code, is amended to
112	112	read as follows:
113	113	(c) An employer who intentionally discharges an employee in
114	114	violation of this section is liable to that employee for current
115	115	wages, other employment benefits, and reasonable and necessary
116	116	attorney's fees, [and] court costs, and expenses incurred in
117	117	enforcing the employee's rights. The court may order the fees,
118	118	costs, expenses, and any postjudgment interest to be paid directly
119	119	to the attorney, who may enforce the order in the attorney's own
120	120	name by any means available for the enforcement of a judgment for
121	121	debt.
122	122	SECTION 9. Section 8.357, Family Code, is amended to read as
123	123	follows:
124	124	Sec. 8.357. ATTORNEY'S FEES, COURT [AND] COSTS, AND
125	125	EXPENSES. (a) In a proceeding under this subchapter, the court
126	126	may order the obligor to pay reasonable and necessary attorney's
127	127	fees, court costs, and expenses incurred by a party to obtain the
128	128	order[, all court costs,] and all fees charged by a plan
129	129	administrator for the qualified domestic relations order or similar
130	130	order.
131	131	(b) Fees, [and] costs, and expenses ordered under this
132	132	section may be enforced by any means available for the enforcement
133	133	of a judgment for debt.
134	134	SECTION 10. Section 9.014, Family Code, is amended to read
135	135	as follows:
136	136	Sec. 9.014. ATTORNEY'S FEES, COURT COSTS, AND
137	137	EXPENSES. The court may award reasonable and necessary attorney's
138	138	fees, court costs, and expenses in a proceeding under this
139	139	subchapter. The court may order the attorney's fees, court costs,
140	140	and expenses to be paid directly to the attorney, who may enforce
141	141	the order [for fees] in the attorney's own name by any means
142	142	available for the enforcement of a judgment for debt.
143	143	SECTION 11. Section 9.106, Family Code, is amended to read
144	144	as follows:
145	145	Sec. 9.106. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES. In
146	146	a proceeding under this subchapter, the court may award reasonable
147	147	and necessary attorney's fees, court costs, and expenses incurred
148	148	by a party to a divorce or annulment against the other party to the
149	149	divorce or annulment. The court may order the attorney's fees,
150	150	court costs, and expenses to be paid directly to the attorney, who
151	151	may enforce the order [for fees] in the attorney's own name by any
152	152	means available for the enforcement of a judgment for debt.
153	153	SECTION 12. Section 9.205, Family Code, is amended to read
154	154	as follows:
155	155	Sec. 9.205. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES. In
156	156	a proceeding to divide property previously undivided in a decree of
157	157	divorce or annulment as provided by this subchapter, the court may
158	158	award reasonable and necessary attorney's fees, court costs, and
159	159	expenses. The court may order the attorney's fees, court costs,
160	160	and expenses to be paid directly to the attorney, who may enforce
161	161	the order in the attorney's own name by any means available for the
162	162	enforcement of a judgment for debt.
163	163	SECTION 13. Section 41.002, Family Code, is amended to read
164	164	as follows:
165	165	Sec. 41.002. LIMIT OF DAMAGES. Recovery for damage caused
166	166	by wilful and malicious conduct is limited to actual damages, not to
167	167	exceed $25,000 per occurrence, plus reasonable and necessary
168	168	attorney's fees, court costs, and expenses [reasonable attorney's
169	169	fees].
170	170	SECTION 14. Section 41.0025(a), Family Code, is amended to
171	171	read as follows:
172	172	(a) Notwithstanding Section 41.002, recovery of damages by
173	173	an inn or hotel for wilful and malicious conduct is limited to
174	174	actual damages, not to exceed $25,000 per occurrence, plus
175	175	reasonable and necessary attorney's fees, court costs, and expenses
176	176	[reasonable attorney's fees].
177	177	SECTION 15. Section 42.006(a), Family Code, is amended to
178	178	read as follows:
179	179	(a) Damages may include:
180	180	(1) reasonable and necessary attorney's fees, court
181	181	[the actual] costs, and expenses incurred[, including attorney's
182	182	fees,] in:
183	183	(A) locating a child who is the subject of the
184	184	order;
185	185	(B) recovering possession of the child if the
186	186	petitioner is entitled to possession; and
187	187	(C) enforcing the order and prosecuting the suit;
188	188	and
189	189	(2) mental suffering and anguish incurred by the
190	190	plaintiff because of a violation of the order.
191	191	SECTION 16. Section 42.009, Family Code, is amended to read
192	192	as follows:
193	193	Sec. 42.009. FRIVOLOUS SUIT. A person sued for damages as
194	194	provided by this chapter is entitled to recover reasonable and
195	195	necessary attorney's fees, [and] court costs, and expenses if:
196	196	(1) the claim for damages is dismissed or judgment is
197	197	awarded to the defendant; and
198	198	(2) the court or jury finds that the claim for damages
199	199	is frivolous, unreasonable, or without foundation.
200	200	SECTION 17. The heading to Section 81.005, Family Code, is
201	201	amended to read as follows:
202	202	Sec. 81.005. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES.
203	203	SECTION 18. Section 81.005(a), Family Code, is amended to
204	204	read as follows:
205	205	(a) The court may assess reasonable and necessary
206	206	attorney's fees, court costs, and expenses against the party found
207	207	to have committed family violence or a party against whom an agreed
208	208	protective order is rendered under Section 85.005 as compensation
209	209	for the services of a private or prosecuting attorney or an attorney
210	210	employed by the Department of Family and Protective Services. The
211	211	court may order the fees, costs, expenses, and any postjudgment
212	212	interest to be paid directly to the attorney, who may enforce the
213	213	order in the attorney's own name by any means available for the
214	214	enforcement of a judgment for debt.
215	215	SECTION 19. Section 105.001(a), Family Code, is amended to
216	216	read as follows:
217	217	(a) In a suit, the court may make a temporary order,
218	218	including the modification of a prior temporary order, for the
219	219	safety and welfare of the child, including an order:
220	220	(1) for the temporary conservatorship of the child;
221	221	(2) for the temporary support of the child;
222	222	(3) restraining a party from disturbing the peace of
223	223	the child or another party;
224	224	(4) prohibiting a person from removing the child
225	225	beyond a geographical area identified by the court; or
226	226	(5) for payment of reasonable and necessary attorney's
227	227	fees, court costs, and expenses.
228	228	SECTION 20. Section 106.002, Family Code, is amended to
229	229	read as follows:
230	230	Sec. 106.002. ATTORNEY'S FEES, COURT COSTS, AND
231	231	EXPENSES. (a) In a suit or motion under this title and in a habeas
232	232	corpus proceeding, the court may render judgment for reasonable and
233	233	necessary attorney's fees, court costs, and expenses and order the
234	234	judgment and postjudgment interest to be paid directly to an
235	235	attorney.
236	236	(b) A judgment for attorney's fees, court costs, and
237	237	expenses may be enforced in the attorney's name by any means
238	238	available for the enforcement of a judgment for debt.
239	239	SECTION 21. Section 107.023, Family Code, is amended to
240	240	read as follows:
241	241	Sec. 107.023. FEES, COURT COSTS, AND EXPENSES IN SUITS
242	242	OTHER THAN SUITS BY GOVERNMENTAL ENTITY. (a) In a suit other than
243	243	a suit filed by a governmental entity requesting termination of the
244	244	parent-child relationship or appointment of the entity as
245	245	conservator of the child, in addition to the attorney's fees that
246	246	may be awarded under Chapter 106, the following persons are
247	247	entitled to reasonable and necessary fees, court costs, and
248	248	expenses in an amount set by the court and ordered to be paid by one
249	249	or more parties to the suit:
250	250	(1) an attorney appointed as an amicus attorney or as
251	251	an attorney ad litem for the child; and
252	252	(2) a professional who holds a relevant professional
253	253	license and who is appointed as guardian ad litem for the child,
254	254	other than a volunteer advocate.
255	255	(b) The court shall:
256	256	(1) determine the fees, costs, and expenses of an
257	257	amicus attorney, an attorney ad litem, or a guardian ad litem by
258	258	reference to the reasonable and customary fees for similar services
259	259	in the county of jurisdiction;
260	260	(2) order a reasonable cost deposit to be made at the
261	261	time the court makes the appointment; and
262	262	(3) before the final hearing, order an additional
263	263	amount to be paid to the credit of a trust account for the use and
264	264	benefit of the amicus attorney, attorney ad litem, or guardian ad
265	265	litem.
266	266	(c) A court may not award [costs,] fees, costs, or expenses
267	267	to an amicus attorney, attorney ad litem, or guardian ad litem
268	268	against the state, a state agency, or a political subdivision of the
269	269	state under this part.
270	270	(d) The court may determine that fees, costs, and expenses
271	271	awarded under this subchapter to an amicus attorney, an attorney ad
272	272	litem for the child, or a guardian ad litem for the child are
273	273	necessaries for the benefit of the child.
274	274	SECTION 22. Section 109.001(a), Family Code, is amended to
275	275	read as follows:
276	276	(a) In a suit affecting the parent-child relationship, on
277	277	the motion of any party or on the court's own motion and after
278	278	notice and hearing, the court may make any order necessary to
279	279	preserve and protect the safety and welfare of the child during the
280	280	pendency of an appeal as the court may deem necessary and
281	281	equitable. In addition to other matters, an order may:
282	282	(1) appoint temporary conservators for the child and
283	283	provide for possession of the child;
284	284	(2) require the temporary support of the child by a
285	285	party;
286	286	(3) enjoin a party from molesting or disturbing the
287	287	peace of the child or another party;
288	288	(4) prohibit a person from removing the child beyond a
289	289	geographical area identified by the court;
290	290	(5) require payment of reasonable and necessary
291	291	attorney's fees, court costs, and expenses; or
292	292	(6) suspend the operation of the order or judgment
293	293	that is being appealed.
294	294	SECTION 23. Section 152.208(c), Family Code, is amended to
295	295	read as follows:
296	296	(c) If a court dismisses a petition or stays a proceeding
297	297	because it declines to exercise its jurisdiction pursuant to
298	298	Subsection (a), it shall assess against the party seeking to invoke
299	299	its jurisdiction [necessary and] reasonable and necessary
300	300	attorney's fees, court costs, and expenses including [costs,]
301	301	communication expenses, [attorney's fees,] investigative fees,
302	302	expenses for witnesses, travel expenses, and child care during the
303	303	course of the proceedings, unless the party from whom fees are
304	304	sought establishes that the assessment would be clearly
305	305	inappropriate. The court may not assess fees, costs, or expenses
306	306	against this state unless authorized by law other than this
307	307	chapter.
308	308	SECTION 24. The heading to Section 152.312, Family Code, is
309	309	amended to read as follows:
310	310	Sec. 152.312. [COSTS,] FEES, COURT COSTS, AND EXPENSES.
311	311	SECTION 25. Section 152.312(a), Family Code, is amended to
312	312	read as follows:
313	313	(a) The court shall award the prevailing party, including a
314	314	state, [necessary and] reasonable and necessary attorney's fees,
315	315	court costs, and expenses incurred by or on behalf of the party,
316	316	including [costs,] communication expenses, [attorney's fees,]
317	317	investigative fees, expenses for witnesses, travel expenses, and
318	318	child care during the course of the proceedings, unless the party
319	319	from whom fees, costs, or expenses are sought establishes that the
320	320	award would be clearly inappropriate. The court may order the fees,
321	321	costs, expenses, and any postjudgment interest to be paid directly
322	322	to the attorney, who may enforce the order in the attorney's own
323	323	name by any means available for the enforcement of a judgment for
324	324	debt.
325	325	SECTION 26. Section 154.012(b), Family Code, is amended to
326	326	read as follows:
327	327	(b) An obligor may file a suit to recover a child support
328	328	payment under Subsection (a). If the court finds that the obligee
329	329	failed to return a child support payment under Subsection (a), the
330	330	court shall order the obligee to pay to the obligor reasonable and
331	331	necessary attorney's fees, [and all] court costs, and expenses in
332	332	addition to the amount of support paid after the date the child
333	333	support order terminated. The court may order the fees, costs,
334	334	expenses, and any postjudgment interest to be paid directly to the
335	335	attorney, who may enforce the order in the attorney's own name by
336	336	any means available for the enforcement of a judgment for debt. For
337	337	good cause shown, the court may waive the requirement that the
338	338	obligee pay attorney's fees, court [and] costs, and expenses if the
339	339	court states the reasons supporting that finding.
340	340	SECTION 27. Section 156.005, Family Code, is amended to
341	341	read as follows:
342	342	Sec. 156.005. FRIVOLOUS FILING OF SUIT FOR
343	343	MODIFICATION. Notwithstanding Rules 296 through 299, Texas Rules
344	344	of Civil Procedure, if the court finds that a suit for modification
345	345	is filed frivolously or is designed to harass a party, the court
346	346	shall state that finding in the order and assess reasonable and
347	347	necessary attorney's fees, court [as] costs, and expenses against
348	348	the offending party.
349	349	SECTION 28. Section 157.110(c), Family Code, is amended to
350	350	read as follows:
351	351	(c) The court may order that all or part of the forfeited
352	352	amount be applied to pay reasonable and necessary attorney's fees,
353	353	court [and] costs, and expenses incurred by the person or entity
354	354	bringing the motion for contempt or motion for forfeiture.
355	355	SECTION 29. Section 157.162(b), Family Code, is amended to
356	356	read as follows:
357	357	(b) A finding that the respondent is not in contempt does
358	358	not preclude the court from awarding the petitioner court costs and
359	359	reasonable and necessary attorney's fees, court costs, and expenses
360	360	or ordering any other enforcement remedy, including rendering a
361	361	money judgment, posting a bond or other security, or withholding
362	362	income. The court may order the fees, costs, expenses, and any
363	363	postjudgment interest to be paid directly to the attorney, who may
364	364	enforce the order in the attorney's own name by any means available
365	365	for the enforcement of a judgment for debt.
366	366	SECTION 30. Section 157.167, Family Code, is amended to
367	367	read as follows:
368	368	Sec. 157.167. RESPONDENT TO PAY ATTORNEY'S FEES, COURT
369	369	[AND] COSTS, AND EXPENSES. (a) If the court finds that the
370	370	respondent has failed to make child support payments, the court
371	371	shall order the respondent to pay the movant's reasonable and
372	372	necessary attorney's fees, [and all] court costs, and expenses in
373	373	addition to the arrearages. Fees, [and] costs, and expenses
374	374	ordered under this subsection may be enforced by any means
375	375	available for the enforcement of child support, including contempt.
376	376	The court may order the fees, costs, expenses, and any postjudgment
377	377	interest to be paid directly to the attorney, who may enforce the
378	378	order in the attorney's own name by any means available for the
379	379	enforcement of a judgment for debt.
380	380	(b) If the court finds that the respondent has failed to
381	381	comply with the terms of an order providing for the possession of or
382	382	access to a child, the court shall order the respondent to pay the
383	383	movant's reasonable and necessary attorney's fees, [and all] court
384	384	costs, and expenses in addition to any other remedy. If the court
385	385	finds that the enforcement of the order with which the respondent
386	386	failed to comply was necessary to ensure the child's physical or
387	387	emotional health or welfare, the fees, [and] costs, and expenses
388	388	ordered under this subsection may be enforced by any means
389	389	available for the enforcement of child support, including contempt,
390	390	but not including income withholding.
391	391	(c) Except as provided by Subsection (d), for good cause
392	392	shown, the court may waive the requirement that the respondent pay
393	393	reasonable and necessary attorney's fees, [and] costs, and expenses
394	394	if the court states the reasons supporting that finding.
395	395	(d) If the court finds that the respondent is in contempt of
396	396	court for failure or refusal to pay child support and that the
397	397	respondent owes $20,000 or more in child support arrearages, the
398	398	court may not waive the requirement that the respondent pay
399	399	reasonable and necessary attorney's fees, [and] costs, and expenses
400	400	unless the court also finds that the respondent:
401	401	(1) is involuntarily unemployed or is disabled; and
402	402	(2) lacks the financial resources to pay the
403	403	attorney's fees, [and] costs, and expenses.
404	404	SECTION 31. Section 157.211, Family Code, is amended to
405	405	read as follows:
406	406	Sec. 157.211. CONDITIONS OF COMMUNITY SUPERVISION. (a) If
407	407	the court places the respondent on community supervision and
408	408	suspends commitment, the terms and conditions of community
409	409	supervision may include the requirement that the respondent:
410	410	(1) report to the community supervision officer as
411	411	directed;
412	412	(2) permit the community supervision officer to visit
413	413	the respondent at the respondent's home or elsewhere;
414	414	(3) obtain counseling on financial planning, budget
415	415	management, conflict resolution, parenting skills, alcohol or drug
416	416	abuse, or other matters causing the respondent to fail to obey the
417	417	order;
418	418	(4) pay required child support and any child support
419	419	arrearages;
420	420	(5) pay reasonable and necessary [court costs and]
421	421	attorney's fees, court costs, and expenses ordered by the court;
422	422	(6) seek employment assistance services offered by the
423	423	Texas Workforce Commission under Section 302.0035, Labor Code, if
424	424	appropriate; and
425	425	(7) participate in mediation or other services to
426	426	alleviate conditions that prevent the respondent from obeying the
427	427	court's order.
428	428	(b) The court may order the fees, costs, expenses, and any
429	429	postjudgment interest under Subsection (a)(5) to be paid directly
430	430	to the attorney, who may enforce the order in the attorney's own
431	431	name by any means available for the enforcement of a judgment for
432	432	debt.
433	433	SECTION 32. Section 157.268, Family Code, is amended to
434	434	read as follows:
435	435	Sec. 157.268. APPLICATION OF CHILD SUPPORT PAYMENT. Child
436	436	support collected shall be applied in the following order of
437	437	priority:
438	438	(1) current child support;
439	439	(2) non-delinquent child support owed;
440	440	(3) the principal amount of child support that has not
441	441	been confirmed and reduced to money judgment;
442	442	(4) the principal amount of child support that has
443	443	been confirmed and reduced to money judgment;
444	444	(5) interest on the principal amounts specified in
445	445	Subdivisions (3) and (4); and
446	446	(6) the amount of any ordered reasonable and necessary
447	447	attorney's fees, court [or] costs, expenses, or Title IV-D service
448	448	fees authorized under Section 231.103 for which the obligor is
449	449	responsible.
450	450	SECTION 33. Section 157.318(a), Family Code, is amended to
451	451	read as follows:
452	452	(a) A lien is effective until all current support and child
453	453	support arrearages, including [interest, any costs and] reasonable
454	454	and necessary attorney's fees, court costs, expenses, postjudgment
455	455	interest, and any Title IV-D service fees authorized under Section
456	456	231.103 for which the obligor is responsible, have been paid or the
457	457	lien is otherwise released as provided by this subchapter.
458	458	SECTION 34. Section 157.322(a), Family Code, is amended to
459	459	read as follows:
460	460	(a) On payment in full of the amount of child support due,
461	461	together with any [costs and] reasonable and necessary attorney's
462	462	fees, court costs, and expenses, the child support lien claimant
463	463	shall execute and deliver to the obligor or the obligor's attorney a
464	464	release of the child support lien.
465	465	SECTION 35. Section 157.323, Family Code, is amended by
466	466	amending Subsection (c) and adding Subsection (e) to read as
467	467	follows:
468	468	(c) If arrearages are owed by the obligor, the court shall:
469	469	(1) render judgment against the obligor for the amount
470	470	due, plus [costs and] reasonable and necessary attorney's fees,
471	471	court costs, and expenses;
472	472	(2) order any official authorized to levy execution to
473	473	satisfy reasonable and necessary attorney's fees, court costs,
474	474	expenses, and the lien[, costs, and attorney's fees] by selling any
475	475	property on which a lien is established under this subchapter; or
476	476	(3) order an individual or organization in possession
477	477	of nonexempt personal property or cash owned by the obligor to
478	478	dispose of the property as the court may direct.
479	479	(e) The court may order the fees, costs, expenses, and any
480	480	postjudgment interest under Subsection (c)(1) or (2) to be paid
481	481	directly to the attorney, who may enforce the order in the
482	482	attorney's own name by any means available for the enforcement of a
483	483	judgment for debt.
484	484	SECTION 36. Section 157.330(b), Family Code, is amended to
485	485	read as follows:
486	486	(b) A claimant may recover [costs and] reasonable and
487	487	necessary attorney's fees, court costs, and expenses incurred in an
488	488	action under this section. The court may order the fees, costs,
489	489	expenses, and any postjudgment interest to be paid directly to the
490	490	attorney, who may enforce the order in the attorney's own name by
491	491	any means available for the enforcement of a judgment for debt.
492	492	SECTION 37. Section 157.507, Family Code, is amended to
493	493	read as follows:
494	494	Sec. 157.507. ATTORNEY'S FEES, COURT [AND] COSTS, AND
495	495	EXPENSES. (a) In a proceeding under this subchapter, the court
496	496	may order the obligor to pay reasonable and necessary attorney's
497	497	fees, court costs, and expenses incurred by a party to obtain the
498	498	order[, all court costs,] and all fees charged by a plan
499	499	administrator for the qualified domestic relations order or similar
500	500	order.
501	501	(b) Fees, [and] costs, and expenses ordered under this
502	502	section may be enforced by any means available for the enforcement
503	503	of child support, including contempt.
504	504	SECTION 38. The heading to Section 158.0051, Family Code,
505	505	is amended to read as follows:
506	506	Sec. 158.0051. ORDER FOR WITHHOLDING FOR ATTORNEY'S [COSTS
507	507	AND] FEES, COURT COSTS, AND EXPENSES.
508	508	SECTION 39. Sections 158.0051(a) and (c), Family Code, are
509	509	amended to read as follows:
510	510	(a) In addition to an order for income to be withheld for
511	511	child support, including child support and child support
512	512	arrearages, the court may render an order that income be withheld
513	513	from the disposable earnings of the obligor to be applied towards
514	514	the satisfaction of any ordered reasonable and necessary attorney's
515	515	fees, court [and] costs, and expenses resulting from an action to
516	516	enforce child support under this title.
517	517	(c) The court shall order that amounts withheld for fees,
518	518	[and] costs, and expenses under this section be remitted directly
519	519	to the person entitled to the ordered attorney's fees, [or] costs,
520	520	or expenses or be paid through a local registry for disbursement to
521	521	that person.
522	522	SECTION 40. Section 158.102, Family Code, is amended to
523	523	read as follows:
524	524	Sec. 158.102. TIME LIMITATIONS. An order or writ for
525	525	income withholding under this chapter may be issued until all
526	526	current support and child support arrearages, interest, and any
527	527	applicable fees and costs, including ordered reasonable and
528	528	necessary attorney's fees, [and] court costs, and expenses, have
529	529	been paid.
530	530	SECTION 41. Section 158.206, Family Code, is amended by
531	531	amending Subsection (b) and adding Subsection (d) to read as
532	532	follows:
533	533	(b) An employer receiving an order or writ of withholding
534	534	who does not comply with the order or writ is liable:
535	535	(1) to the obligee for the amount not paid in
536	536	compliance with the order or writ, including the amount the obligor
537	537	is required to pay for health insurance or dental insurance under
538	538	Chapter 154;
539	539	(2) to the obligor for:
540	540	(A) the amount withheld and not paid as required
541	541	by the order or writ; and
542	542	(B) an amount equal to the interest that accrues
543	543	under Section 157.265 on the amount withheld and not paid; and
544	544	(3) for reasonable and necessary attorney's fees,
545	545	[and] court costs, and expenses.
546	546	(d) The court may order the fees, costs, and expenses under
547	547	Subsection (b)(3) and any postjudgment interest under Subsection
548	548	(b)(2)(B) to be paid directly to the attorney, who may enforce the
549	549	order in the attorney's own name by any means available for the
550	550	enforcement of a judgment for debt.
551	551	SECTION 42. Section 158.209(c), Family Code, is amended to
552	552	read as follows:
553	553	(c) If an employer intentionally discharges an employee in
554	554	violation of this section, the employer continues to be liable to
555	555	the employee for current wages and other benefits and for
556	556	reasonable and necessary attorney's fees, [and] court costs, and
557	557	expenses incurred in enforcing the employee's rights as provided in
558	558	this section. The court may order the fees, costs, expenses, and any
559	559	postjudgment interest to be paid directly to the attorney, who may
560	560	enforce the order in the attorney's own name by any means available
561	561	for the enforcement of a judgment for debt.
562	562	SECTION 43. Section 159.305, Family Code, is amended by
563	563	amending Subsection (b) and adding Subsection (g) to read as
564	564	follows:
565	565	(b) A responding tribunal of this state, to the extent not
566	566	prohibited by other law, may do one or more of the following:
567	567	(1) establish or enforce a support order, modify a
568	568	child support order, determine the controlling child support order,
569	569	or determine parentage of a child;
570	570	(2) order an obligor to comply with a support order,
571	571	specifying the amount and the manner of compliance;
572	572	(3) order income withholding;
573	573	(4) determine the amount of any arrearages and specify
574	574	a method of payment;
575	575	(5) enforce orders by civil or criminal contempt, or
576	576	both;
577	577	(6) set aside property for satisfaction of the support
578	578	order;
579	579	(7) place liens and order execution on the obligor's
580	580	property;
581	581	(8) order an obligor to keep the tribunal informed of
582	582	the obligor's current residential address, electronic mail
583	583	address, telephone number, employer, address of employment, and
584	584	telephone number at the place of employment;
585	585	(9) issue a bench warrant or capias for an obligor who
586	586	has failed after proper notice to appear at a hearing ordered by the
587	587	tribunal and enter the bench warrant or capias in any local and
588	588	state computer systems for criminal warrants;
589	589	(10) order the obligor to seek appropriate employment
590	590	by specified methods;
591	591	(11) award reasonable and necessary attorney's fees,
592	592	court costs, expenses, and other fees [and costs]; and
593	593	(12) grant any other available remedy.
594	594	(g) The court may order the fees, costs, expenses, and any
595	595	postjudgment interest under Subsection (b)(11) to be paid directly
596	596	to the attorney, who may enforce the order in the attorney's own
597	597	name by any means available for the enforcement of a judgment for
598	598	debt.
599	599	SECTION 44. The heading to Section 159.313, Family Code, is
600	600	amended to read as follows:
601	601	Sec. 159.313. [COSTS AND] FEES, COSTS, AND EXPENSES.
602	602	SECTION 45. Sections 159.313(b) and (c), Family Code, are
603	603	amended to read as follows:
604	604	(b) If an obligee prevails, a responding tribunal of this
605	605	state may assess against an obligor [filing fees,] reasonable and
606	606	necessary attorney's fees, court costs, expenses, filing fees,
607	607	other costs, and necessary travel and other reasonable expenses
608	608	incurred by the obligee and the obligee's witnesses. The tribunal
609	609	may not assess fees, costs, or expenses against the obligee or the
610	610	support enforcement agency of either the initiating or responding
611	611	state or foreign country, except as provided by other
612	612	law. Attorney's fees may be taxed as costs, and may be ordered paid
613	613	directly to the attorney, who may enforce the order in the
614	614	attorney's own name. Payment of support owed to the obligee has
615	615	priority over fees, costs, and expenses.
616	616	(c) The tribunal shall order the payment of [costs and]
617	617	reasonable and necessary attorney's fees, court costs, and expenses
618	618	if it determines that a hearing was requested primarily for
619	619	delay. In a proceeding under Subchapter G, a hearing is presumed
620	620	to have been requested primarily for delay if a registered support
621	621	order is confirmed or enforced without change.
622	622	SECTION 46. The heading to Section 160.636, Family Code, is
623	623	amended to read as follows:
624	624	Sec. 160.636. ORDER ADJUDICATING PARENTAGE; FEES, COSTS,
625	625	AND EXPENSES.
626	626	SECTION 47. Section 160.636(c), Family Code, is amended to
627	627	read as follows:
628	628	(c) Except as otherwise provided by Subsection (d), the
629	629	court may assess [filing fees,] reasonable and necessary attorney's
630	630	fees, court costs, expenses, filing fees, fees for genetic testing,
631	631	other costs, and necessary travel and other reasonable expenses
632	632	incurred in a proceeding under this subchapter. Attorney's fees
633	633	awarded by the court may be paid directly to the attorney. An
634	634	attorney who is awarded attorney's fees may enforce the order in the
635	635	attorney's own name by any means available for the enforcement of a
636	636	judgment for debt.
637	637	SECTION 48. Section 160.762(d), Family Code, is amended to
638	638	read as follows:
639	639	(d) The court may assess [filing fees,] reasonable and
640	640	necessary attorney's fees, court costs, expenses, filing fees, fees
641	641	for genetic testing, other costs, and necessary travel and other
642	642	reasonable expenses incurred in a proceeding under this
643	643	section. Attorney's fees awarded by the court may be paid directly
644	644	to the attorney. An attorney who is awarded attorney's fees may
645	645	enforce the order in the attorney's own name by any means available
646	646	for the enforcement of a judgment for debt.
647	647	SECTION 49. Section 231.006(f), Family Code, is amended to
648	648	read as follows:
649	649	(f) If the certificate required under Subsection (d) is
650	650	shown to be false, the vendor is liable to the state for reasonable
651	651	and necessary attorney's fees, court costs, expenses, the costs
652	652	necessary to complete the contract, including the cost of
653	653	advertising and awarding a second contract, and any other damages
654	654	provided by law or contract.
655	655	SECTION 50. Section 231.211, Family Code, is amended to
656	656	read as follows:
657	657	Sec. 231.211. AWARD OF ATTORNEY'S FEES, COURT COSTS, AND
658	658	EXPENSES [COST] AGAINST NONPREVAILING PARTY IN TITLE IV-D
659	659	CASE. (a) At the conclusion of a Title IV-D case, the court may
660	660	assess reasonable and necessary attorney's fees, [and all] court
661	661	costs, and expenses as authorized by law against the nonprevailing
662	662	party, except that the court may not assess those amounts against
663	663	the Title IV-D agency or a private attorney or political
664	664	subdivision that has entered into a contract under this chapter or
665	665	any party to whom the agency has provided services under this
666	666	chapter. [Such fees and costs may not exceed reasonable and
667	667	necessary costs as determined by the court.]
668	668	(b) The clerk of the court may take any action necessary to
669	669	collect any fees, [or] costs, or expenses assessed under this
670	670	section.
671	671	SECTION 51. Section 231.303(c), Family Code, is amended to
672	672	read as follows:
673	673	(c) A court may compel compliance with an administrative
674	674	subpoena and with any administrative fine for failure to comply
675	675	with the subpoena and may award reasonable and necessary attorney's
676	676	fees, [and] costs, and expenses to the Title IV-D agency in
677	677	enforcing an administrative subpoena on proof that an individual or
678	678	organization failed without good cause to comply with the subpoena.
679	679	SECTION 52. Section 261.107(d), Family Code, is amended to
680	680	read as follows:
681	681	(d) The court shall order a person who is convicted of an
682	682	offense under Subsection (a) to pay any reasonable and necessary
683	683	attorney's fees, court costs, and expenses incurred by the person
684	684	who was falsely accused of abuse or neglect in any proceeding
685	685	relating to the false report.
686	686	SECTION 53. Sections 261.108(b) and (c), Family Code, are
687	687	amended to read as follows:
688	688	(b) A court shall award a defendant reasonable and necessary
689	689	attorney's fees, court costs, and other expenses related to the
690	690	defense of a claim filed against the defendant for damages or other
691	691	relief arising from reporting or assisting in the investigation of
692	692	a report under this chapter or participating in a judicial
693	693	proceeding resulting from the report if:
694	694	(1) the court finds that the claim is frivolous,
695	695	unreasonable, or without foundation because the defendant is immune
696	696	from liability under Section 261.106; and
697	697	(2) the claim is dismissed or judgment is rendered for
698	698	the defendant.
699	699	(c) To recover under this section, the defendant must, at
700	700	any time after the filing of a claim, file a written motion stating
701	701	that:
702	702	(1) the claim is frivolous, unreasonable, or without
703	703	foundation because the defendant is immune from liability under
704	704	Section 261.106; and
705	705	(2) the defendant requests the court to award
706	706	reasonable and necessary attorney's fees, court costs, and other
707	707	expenses related to the defense of the claim.
708	708	SECTION 54. Section 261.110, Family Code, is amended by
709	709	amending Subsection (d) and adding Subsection (n) to read as
710	710	follows:
711	711	(d) A plaintiff who prevails in a suit under this section
712	712	may recover:
713	713	(1) actual damages, including damages for mental
714	714	anguish even if an injury other than mental anguish is not shown;
715	715	(2) exemplary damages under Chapter 41, Civil Practice
716	716	and Remedies Code, if the employer is a private employer; and
717	717	(3) [court costs; and
718	718	[(4)] reasonable and necessary attorney's fees, court
719	719	costs, and expenses.
720	720	(n) The court may order the fees, costs, expenses, and any
721	721	postjudgment interest under Subsection (d)(3) to be paid directly
722	722	to the attorney, who may enforce the order in the attorney's own
723	723	name by any means available for the enforcement of a judgment for
724	724	debt.
725	725	SECTION 55. Section 264.852(d), Family Code, is amended to
726	726	read as follows:
727	727	(d) A permanency care assistance agreement may provide for
728	728	reimbursement of the nonrecurring expenses a kinship provider
729	729	incurs in obtaining permanent managing conservatorship of a foster
730	730	child, including attorney's fees, [and] court costs, and
731	731	expenses. The reimbursement of the nonrecurring expenses under
732	732	this subsection may not exceed $2,000.
733	733	SECTION 56. The change in law made by this Act applies to a
734	734	suit that is filed on or after the effective date of this Act. A suit
735	735	filed before the effective date of this Act is governed by the law
736	736	in effect on the date the suit was filed, and the former law is
737	737	continued in effect for that purpose.
738	738	SECTION 57. This Act takes effect September 1, 2025.