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

89(R) HB 2524 - Enrolled version - Bill Text

H.B. No. 2524

AN ACT

relating to the recovery of fees, court costs, and expenses in

family law proceedings.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 6.502(a), Family Code, is amended to

read as follows:

(a) While a suit for dissolution of a marriage is pending

and on the motion of a party or on the court's own motion after

notice and hearing, the court may render an appropriate order,

including the granting of a temporary injunction for the

preservation of the property and protection of the parties as

deemed necessary and equitable and including an order directed to

one or both parties:

(1) requiring a sworn inventory and appraisement of

the real and personal property owned or claimed by the parties and

specifying the form, manner, and substance of the inventory and

appraisal and list of debts and liabilities;

(2) requiring payments to be made for the support of

either spouse;

(3) requiring the production of books, papers,

documents, and tangible things by a party;

(4) ordering payment of reasonable
and necessary

attorney's fees
, court costs,
and expenses;

(5) appointing a receiver for the preservation and

protection of the property of the parties;

(6) awarding one spouse exclusive occupancy of the

residence during the pendency of the case;

(7) prohibiting the parties, or either party, from

spending funds beyond an amount the court determines to be for

reasonable and necessary living expenses;

(8) awarding one spouse exclusive control of a party's

usual business or occupation; or

(9) prohibiting an act described by Section 6.501(a).

SECTION 2. The heading to Section 6.708, Family Code, is

amended to read as follows:

Sec. 6.708. [
COSTS;
] ATTORNEY'S FEES
, COURT COSTS,
AND

EXPENSES.

SECTION 3. Section 6.708(c), Family Code, is amended to

read as follows:

(c) In a suit for dissolution of a marriage, the court may

award reasonable
and necessary
attorney's fees
, court costs,
and

expenses. The court may order the fees
, costs,
[
and
] expenses
,
and

any postjudgment interest to be paid directly to the attorney, who

may enforce the order in the attorney's own name by any means

available for the enforcement of a judgment for debt.

SECTION 4. Section 6.709(a), Family Code, is amended to

read as follows:

(a) In a suit for dissolution of a marriage, on the motion of

a party or on the court's own motion, after notice and hearing, the

trial court may render a temporary order as considered equitable

and necessary for the preservation of the property and for the

protection of the parties during an appeal, including an order

directed toward one or both parties:

(1) requiring the support of either spouse;

(2) requiring the payment of reasonable and necessary

attorney's fees
, court costs,
and expenses;

(3) appointing a receiver for the preservation and

protection of the property of the parties;

(4) awarding one spouse exclusive occupancy of the

parties' residence pending the appeal;

(5) enjoining a party from dissipating or transferring

the property awarded to the other party in the trial court's

property division; or

(6) suspending the operation of all or part of the

property division that is being appealed.

SECTION 5. Section 8.0591(b), Family Code, is amended to

read as follows:

(b) An obligor may file a suit to recover overpaid

maintenance under Subsection (a). If the court finds that the

obligee failed to return overpaid maintenance under Subsection (a),

the court shall order the obligee to pay the obligor's
reasonable

and necessary
attorney's fees
,
[
and all
] court costs
, and expenses

in addition to the amount of the overpaid maintenance. For good

cause shown, the court may waive the requirement that the obligee

pay attorney's fees
,
[
and
] court costs
, and expenses
if the court

states in its order the reasons supporting that finding.

SECTION 6. Subchapter B, Chapter 8, Family Code, is amended

by adding Section 8.063 to read as follows:

Sec.

8.063.

ATTORNEY'S FEES, COURT COSTS, AND EXPENSES. In

a proceeding under Section 8.056, 8.057, or 8.059, the court may

award reasonable and necessary attorney's fees, court costs, and

expenses incurred by a party to the divorce or annulment. The court

may order the fees, costs, expenses, and any postjudgment interest

to be paid directly to the attorney, who may enforce the order in

the attorney's own name by any means available for the enforcement

of a judgment for debt.

SECTION 7. Section 8.206, Family Code, is amended by

amending Subsection (b) and adding Subsection (d) to read as

follows:

(b) An employer who receives, but does not comply with, an

order or writ of withholding is liable to:

(1) the obligee for any amount of spousal maintenance

not paid in compliance with the order or writ;

(2) the obligor for any amount withheld from the

obligor's disposable earnings, but not remitted to the obligee; and

(3) the obligee or obligor for reasonable
and

necessary
attorney's fees
,
[
and
] court costs
, and expenses
incurred

in recovering an amount described by Subdivision (1) or (2).

(d)

The court may order the fees, costs, expenses, and any

postjudgment interest under Subsection (b)(3) to be paid directly

to the attorney, who may enforce the order in the attorney's own

name by any means available for the enforcement of a judgment for

debt.

SECTION 8. Section 8.208(c), Family Code, is amended to

read as follows:

(c) An employer who intentionally discharges an employee in

violation of this section is liable to that employee for current

wages, other employment benefits, and reasonable
and necessary

attorney's fees
,
[
and
] court costs
, and expenses
incurred in

enforcing the employee's rights.
The court may order the fees,

costs, expenses, and any postjudgment interest to be paid directly

to the attorney, who may enforce the order in the attorney's own

name by any means available for the enforcement of a judgment for

debt.

SECTION 9. Section 8.357, Family Code, is amended to read as

follows:

Sec. 8.357. ATTORNEY'S FEES
, COURT
[
AND
] COSTS
, AND

EXPENSES
. (a) In a proceeding under this subchapter, the court

may order the obligor to pay reasonable
and necessary
attorney's

fees
, court costs, and expenses
incurred by a party to obtain the

order[
, all court costs,
] and all fees charged by a plan

administrator for the qualified domestic relations order or similar

order.

(b) Fees
,
[
and
] costs
, and expenses
ordered under this

section may be enforced by any means available for the enforcement

of a judgment for debt.

SECTION 10. Section 9.014, Family Code, is amended to read

as follows:

Sec. 9.014. ATTORNEY'S FEES
, COURT COSTS, AND

EXPENSES
. The court may award reasonable
and necessary
attorney's

fees
, court costs, and expenses
in a proceeding under this

subchapter. The court may order the attorney's fees
, court costs,

and expenses
to be paid directly to the attorney, who may enforce

the order [
for fees
] in the attorney's own name by any means

available for the enforcement of a judgment for debt.

SECTION 11. Section 9.106, Family Code, is amended to read

as follows:

Sec. 9.106. ATTORNEY'S FEES
, COURT COSTS, AND EXPENSES
. In

a proceeding under this subchapter, the court may award reasonable

and necessary
attorney's fees
, court costs, and expenses
incurred

by a party to a divorce or annulment against the other party to the

divorce or annulment. The court may order the attorney's fees
,

court costs, and expenses
to be paid directly to the attorney, who

may enforce the order [
for fees
] in the attorney's own name by any

means available for the enforcement of a judgment for debt.

SECTION 12. Section 9.205, Family Code, is amended to read

as follows:

Sec. 9.205. ATTORNEY'S FEES
, COURT COSTS, AND EXPENSES
. In

a proceeding to divide property previously undivided in a decree of

divorce or annulment as provided by this subchapter, the court may

award reasonable
and necessary
attorney's fees
, court costs, and

expenses
. The court may order the attorney's fees
, court costs,

and expenses
to be paid directly to the attorney, who may enforce

the order in the attorney's own name by any means available for the

enforcement of a judgment for debt.

SECTION 13. Section 41.002, Family Code, is amended to read

as follows:

Sec. 41.002. LIMIT OF DAMAGES. Recovery for damage caused

by wilful and malicious conduct is limited to actual damages, not to

exceed $25,000 per occurrence, plus
reasonable and necessary

attorney's fees,
court costs
,
and
expenses
[
reasonable attorney's

fees
].

SECTION 14. Section 41.0025(a), Family Code, is amended to

read as follows:

(a) Notwithstanding Section 41.002, recovery of damages by

an inn or hotel for wilful and malicious conduct is limited to

actual damages, not to exceed $25,000 per occurrence, plus

reasonable and necessary attorney's fees,
court costs
,
and
expenses

[
reasonable attorney's fees
].

SECTION 15. Section 42.006(a), Family Code, is amended to

read as follows:

(a) Damages may include:

(1)
reasonable and necessary attorney's fees, court

[
the actual
] costs
,
and expenses incurred[
, including attorney's

fees,
] in:

(A) locating a child who is the subject of the

order;

(B) recovering possession of the child if the

petitioner is entitled to possession; and

(C) enforcing the order and prosecuting the suit;

and

(2) mental suffering and anguish incurred by the

plaintiff because of a violation of the order.

SECTION 16. Section 42.009, Family Code, is amended to read

as follows:

Sec. 42.009. FRIVOLOUS SUIT. A person sued for damages as

provided by this chapter is entitled to recover
reasonable and

necessary
attorney's fees
,
[
and
] court costs
, and expenses
if:

(1) the claim for damages is dismissed or judgment is

awarded to the defendant; and

(2) the court or jury finds that the claim for damages

is frivolous, unreasonable, or without foundation.

SECTION 17. The heading to Section 81.005, Family Code, is

amended to read as follows:

Sec. 81.005. ATTORNEY'S FEES
, COURT COSTS, AND EXPENSES
.

SECTION 18. Section 81.005(a), Family Code, is amended to

read as follows:

(a) The court may assess reasonable
and necessary

attorney's fees
, court costs, and expenses
against the party found

to have committed family violence or a party against whom an agreed

protective order is rendered under Section 85.005 as compensation

for the services of a private or prosecuting attorney or an attorney

employed by the Department of Family and Protective Services.
The

court may order the fees, costs, expenses, and any postjudgment

interest to be paid directly to the attorney, who may enforce the

order in the attorney's own name by any means available for the

enforcement of a judgment for debt.

SECTION 19. Section 105.001(a), Family Code, is amended to

read as follows:

(a) In a suit, the court may make a temporary order,

including the modification of a prior temporary order, for the

safety and welfare of the child, including an order:

(1) for the temporary conservatorship of the child;

(2) for the temporary support of the child;

(3) restraining a party from disturbing the peace of

the child or another party;

(4) prohibiting a person from removing the child

beyond a geographical area identified by the court; or

(5) for payment of reasonable
and necessary
attorney's

fees
, court costs,
and expenses.

SECTION 20. Section 106.002, Family Code, is amended to

read as follows:

Sec. 106.002. ATTORNEY'S FEES
, COURT COSTS,
AND

EXPENSES. (a) In a suit
or motion
under this title
and in a habeas

corpus proceeding
, the court may render judgment for reasonable
and

necessary
attorney's fees
, court costs,
and expenses and order the

judgment and postjudgment interest to be paid directly to an

attorney.

(b) A judgment for attorney's fees
, court costs,
and

expenses may be enforced in the attorney's name by any means

available for the enforcement of a judgment for debt.

SECTION 21. Section 107.023, Family Code, is amended to

read as follows:

Sec. 107.023. FEES
, COURT COSTS, AND EXPENSES
IN SUITS

OTHER THAN SUITS BY GOVERNMENTAL ENTITY. (a) In a suit other than

a suit filed by a governmental entity requesting termination of the

parent-child relationship or appointment of the entity as

conservator of the child, in addition to the attorney's fees that

may be awarded under Chapter 106, the following persons are

entitled to reasonable
and necessary
fees
, court costs,
and

expenses in an amount set by the court and ordered to be paid by one

or more parties to the suit:

(1) an attorney appointed as an amicus attorney or as

an attorney ad litem for the child; and

(2) a professional who holds a relevant professional

license and who is appointed as guardian ad litem for the child,

other than a volunteer advocate.

(b) The court shall:

(1) determine the fees
, costs,
and expenses of an

amicus attorney, an attorney ad litem, or a guardian ad litem by

reference to the reasonable and customary fees for similar services

in the county of jurisdiction;

(2) order a reasonable cost deposit to be made at the

time the court makes the appointment; and

(3) before the final hearing, order an additional

amount to be paid to the credit of a trust account for the use and

benefit of the amicus attorney, attorney ad litem, or guardian ad

litem.

(c) A court may not award [
costs,
] fees,
costs,
or expenses

to an amicus attorney, attorney ad litem, or guardian ad litem

against the state, a state agency, or a political subdivision of the

state under this part.

(d) The court may determine that fees
, costs, and expenses

awarded under this subchapter to an amicus attorney, an attorney ad

litem for the child, or a guardian ad litem for the child are

necessaries for the benefit of the child.

SECTION 22. Section 109.001(a), Family Code, is amended to

read as follows:

(a) In a suit affecting the parent-child relationship, on

the motion of any party or on the court's own motion and after

notice and hearing, the court may make any order necessary to

preserve and protect the safety and welfare of the child during the

pendency of an appeal as the court may deem necessary and

equitable. In addition to other matters, an order may:

(1) appoint temporary conservators for the child and

provide for possession of the child;

(2) require the temporary support of the child by a

party;

(3) enjoin a party from molesting or disturbing the

peace of the child or another party;

(4) prohibit a person from removing the child beyond a

geographical area identified by the court;

(5) require payment of reasonable and necessary

attorney's fees
, court costs,
and expenses; or

(6) suspend the operation of the order or judgment

that is being appealed.

SECTION 23. Section 152.208(c), Family Code, is amended to

read as follows:

(c) If a court dismisses a petition or stays a proceeding

because it declines to exercise its jurisdiction pursuant to

Subsection (a), it shall assess against the party seeking to invoke

its jurisdiction [
necessary and
] reasonable
and necessary

attorney's fees, court costs, and
expenses including [
costs,
]

communication expenses, [
attorney's fees,
] investigative fees,

expenses for witnesses, travel expenses, and child care during the

course of the proceedings, unless the party from whom fees are

sought establishes that the assessment would be clearly

inappropriate. The court may not assess fees, costs, or expenses

against this state unless authorized by law other than this

chapter.

SECTION 24. The heading to Section 152.312, Family Code, is

amended to read as follows:

Sec. 152.312. [
COSTS,
] FEES,
COURT COSTS,
AND EXPENSES.

SECTION 25. Section 152.312(a), Family Code, is amended to

read as follows:

(a) The court shall award the prevailing party, including a

state, [
necessary and
] reasonable
and necessary attorney's fees,

court costs, and
expenses incurred by or on behalf of the party,

including [
costs,
] communication expenses, [
attorney's fees,
]

investigative fees, expenses for witnesses, travel expenses, and

child care during the course of the proceedings, unless the party

from whom fees
, costs,
or expenses are sought establishes that the

award would be clearly inappropriate.
The court may order the fees,

costs, expenses, and any postjudgment interest to be paid directly

to the attorney, who may enforce the order in the attorney's own

name by any means available for the enforcement of a judgment for

debt.

SECTION 26. Section 154.012(b), Family Code, is amended to

read as follows:

(b) An obligor may file a suit to recover a child support

payment under Subsection (a). If the court finds that the obligee

failed to return a child support payment under Subsection (a), the

court shall order the obligee to pay to the obligor
reasonable and

necessary
attorney's fees
,
[
and all
] court costs
, and expenses
in

addition to the amount of support paid after the date the child

support order terminated.
The court may order the fees, costs,

expenses, and any postjudgment interest to be paid directly to the

attorney, who may enforce the order in the attorney's own name by

any means available for the enforcement of a judgment for debt.
For

good cause shown, the court may waive the requirement that the

obligee pay attorney's fees
, court
[
and
] costs
, and expenses
if the

court states the reasons supporting that finding.

SECTION 27. Section 156.005, Family Code, is amended to

read as follows:

Sec. 156.005. FRIVOLOUS FILING OF SUIT FOR

MODIFICATION. Notwithstanding Rules 296 through 299, Texas Rules

of Civil Procedure, if the court finds that a suit for modification

is filed frivolously or is designed to harass a party, the court

shall state that finding in the order and assess
reasonable and

necessary
attorney's fees
, court
[
as
] costs
, and expenses
against

the offending party.

SECTION 28. Section 157.110(c), Family Code, is amended to

read as follows:

(c) The court may order that all or part of the forfeited

amount be applied to pay
reasonable and necessary
attorney's fees
,

court
[
and
] costs
, and expenses
incurred by the person or entity

bringing the motion for contempt or motion for forfeiture.

SECTION 29. Section 157.162(b), Family Code, is amended to

read as follows:

(b) A finding that the respondent is not in contempt does

not preclude the court from awarding the petitioner court costs and

reasonable
and necessary
attorney's fees
, court costs, and expenses

or ordering any other enforcement remedy, including rendering a

money judgment, posting a bond or other security, or withholding

income.
The court may order the fees, costs, expenses, and any

postjudgment interest to be paid directly to the attorney, who may

enforce the order in the attorney's own name by any means available

for the enforcement of a judgment for debt.

SECTION 30. Section 157.167, Family Code, is amended to

read as follows:

Sec. 157.167. RESPONDENT TO PAY ATTORNEY'S FEES
, COURT

[
AND
] COSTS
, AND EXPENSES
. (a) If the court finds that the

respondent has failed to make child support payments, the court

shall order the respondent to pay the movant's reasonable
and

necessary
attorney's fees
,
[
and all
] court costs
, and expenses
in

addition to the arrearages. Fees
,
[
and
] costs
, and expenses

ordered under this subsection may be enforced by any means

available for the enforcement of child support, including contempt.

The court may order the fees, costs, expenses, and any postjudgment

interest to be paid directly to the attorney, who may enforce the

order in the attorney's own name by any means available for the

enforcement of a judgment for debt.

(b) If the court finds that the respondent has failed to

comply with the terms of an order providing for the possession of or

access to a child, the court shall order the respondent to pay the

movant's reasonable
and necessary
attorney's fees
,
[
and all
] court

costs
, and expenses
in addition to any other remedy. If the court

finds that the enforcement of the order with which the respondent

failed to comply was necessary to ensure the child's physical or

emotional health or welfare, the fees
,
[
and
] costs
, and expenses

ordered under this subsection may be enforced by any means

available for the enforcement of child support, including contempt,

but not including income withholding.

(c) Except as provided by Subsection (d), for good cause

shown, the court may waive the requirement that the respondent pay

reasonable and necessary
attorney's fees
,
[
and
] costs
, and expenses

if the court states the reasons supporting that finding.

(d) If the court finds that the respondent is in contempt of

court for failure or refusal to pay child support and that the

respondent owes $20,000 or more in child support arrearages, the

court may not waive the requirement that the respondent pay

reasonable and necessary
attorney's fees
,
[
and
] costs
, and expenses

unless the court also finds that the respondent:

(1) is involuntarily unemployed or is disabled; and

(2) lacks the financial resources to pay the

attorney's fees
,
[
and
] costs
, and expenses
.

SECTION 31. Section 157.211, Family Code, is amended to

read as follows:

Sec. 157.211. CONDITIONS OF COMMUNITY SUPERVISION.
(a)
If

the court places the respondent on community supervision and

suspends commitment, the terms and conditions of community

supervision may include the requirement that the respondent:

(1) report to the community supervision officer as

directed;

(2) permit the community supervision officer to visit

the respondent at the respondent's home or elsewhere;

(3) obtain counseling on financial planning, budget

management, conflict resolution, parenting skills, alcohol or drug

abuse, or other matters causing the respondent to fail to obey the

order;

(4) pay required child support and any child support

arrearages;

(5) pay
reasonable and necessary
[
court costs and
]

attorney's fees
, court costs, and expenses
ordered by the court;

(6) seek employment assistance services offered by the

Texas Workforce Commission under Section 302.0035, Labor Code, if

appropriate; and

(7) participate in mediation or other services to

alleviate conditions that prevent the respondent from obeying the

court's order.

(b)

The court may order the fees, costs, expenses, and any

postjudgment interest under Subsection (a)(5) to be paid directly

to the attorney, who may enforce the order in the attorney's own

name by any means available for the enforcement of a judgment for

debt.

SECTION 32. Section 157.268, Family Code, is amended to

read as follows:

Sec. 157.268. APPLICATION OF CHILD SUPPORT PAYMENT. Child

support collected shall be applied in the following order of

priority:

(1) current child support;

(2) non-delinquent child support owed;

(3) the principal amount of child support that has not

been confirmed and reduced to money judgment;

(4) the principal amount of child support that has

been confirmed and reduced to money judgment;

(5) interest on the principal amounts specified in

Subdivisions (3) and (4); and

(6) the amount of any ordered
reasonable and necessary

attorney's fees
, court
[
or
] costs,
expenses,
or Title IV-D service

fees authorized under Section 231.103 for which the obligor is

responsible.

SECTION 33. Section 157.318(a), Family Code, is amended to

read as follows:

(a) A lien is effective until all current support and child

support arrearages, including [
interest, any costs and
] reasonable

and necessary
attorney's fees,
court costs, expenses, postjudgment

interest,
and any Title IV-D service fees authorized under Section

231.103 for which the obligor is responsible, have been paid or the

lien is otherwise released as provided by this subchapter.

SECTION 34. Section 157.322(a), Family Code, is amended to

read as follows:

(a) On payment in full of the amount of child support due,

together with any [
costs and
] reasonable
and necessary
attorney's

fees,
court costs, and expenses,
the child support lien claimant

shall execute and deliver to the obligor or the obligor's attorney a

release of the child support lien.

SECTION 35. Section 157.323, Family Code, is amended by

amending Subsection (c) and adding Subsection (e) to read as

follows:

(c) If arrearages are owed by the obligor, the court shall:

(1) render judgment against the obligor for the amount

due, plus [
costs and
] reasonable
and necessary
attorney's fees
,

court costs, and expenses
;

(2) order any official authorized to levy execution to

satisfy
reasonable and necessary attorney's fees, court costs,

expenses, and
the lien[
, costs, and attorney's fees
] by selling any

property on which a lien is established under this subchapter; or

(3) order an individual or organization in possession

of nonexempt personal property or cash owned by the obligor to

dispose of the property as the court may direct.

(e)

The court may order the fees, costs, expenses, and any

postjudgment interest under Subsection (c)(1) or (2) to be paid

directly to the attorney, who may enforce the order in the

attorney's own name by any means available for the enforcement of a

judgment for debt.

SECTION 36. Section 157.330(b), Family Code, is amended to

read as follows:

(b) A claimant may recover [
costs and
] reasonable
and

necessary
attorney's fees
, court costs, and expenses
incurred in an

action under this section.
The court may order the fees, costs,

expenses, and any postjudgment interest to be paid directly to the

attorney, who may enforce the order in the attorney's own name by

any means available for the enforcement of a judgment for debt.

SECTION 37. Section 157.507, Family Code, is amended to

read as follows:

Sec. 157.507. ATTORNEY'S FEES
, COURT
[
AND
] COSTS
, AND

EXPENSES
. (a) In a proceeding under this subchapter, the court

may order the obligor to pay reasonable
and necessary
attorney's

fees
, court costs, and expenses
incurred by a party to obtain the

order[
, all court costs,
] and all fees charged by a plan

administrator for the qualified domestic relations order or similar

order.

(b) Fees
,
[
and
] costs
, and expenses
ordered under this

section may be enforced by any means available for the enforcement

of child support, including contempt.

SECTION 38. The heading to Section 158.0051, Family Code,

is amended to read as follows:

Sec. 158.0051. ORDER FOR WITHHOLDING FOR
ATTORNEY'S
[
COSTS

AND
] FEES
, COURT COSTS, AND EXPENSES
.

SECTION 39. Sections 158.0051(a) and (c), Family Code, are

amended to read as follows:

(a) In addition to an order for income to be withheld for

child support, including child support and child support

arrearages, the court may render an order that income be withheld

from the disposable earnings of the obligor to be applied towards

the satisfaction of any ordered
reasonable and necessary
attorney's

fees
, court
[
and
] costs
, and expenses
resulting from an action to

enforce child support under this title.

(c) The court shall order that amounts withheld for fees
,

[
and
] costs
, and expenses
under this section be remitted directly

to the person entitled to the ordered attorney's fees
,
[
or
] costs
,

or expenses
or be paid through a local registry for disbursement to

that person.

SECTION 40. Section 158.102, Family Code, is amended to

read as follows:

Sec. 158.102. TIME LIMITATIONS. An order or writ for

income withholding under this chapter may be issued until all

current support and child support arrearages, interest, and any

applicable fees and costs, including ordered
reasonable and

necessary
attorney's fees
,
[
and
] court costs,
and expenses,
have

been paid.

SECTION 41. Section 158.206, Family Code, is amended by

amending Subsection (b) and adding Subsection (d) to read as

follows:

(b) An employer receiving an order or writ of withholding

who does not comply with the order or writ is liable:

(1) to the obligee for the amount not paid in

compliance with the order or writ, including the amount the obligor

is required to pay for health insurance or dental insurance under

Chapter 154;

(2) to the obligor for:

(A) the amount withheld and not paid as required

by the order or writ; and

(B) an amount equal to the interest that accrues

under Section 157.265 on the amount withheld and not paid; and

(3) for reasonable
and necessary
attorney's fees
,

[
and
] court costs
, and expenses
.

(d)

The court may order the fees, costs, and expenses under

Subsection (b)(3) and any postjudgment interest under Subsection

(b)(2)(B) to be paid directly to the attorney, who may enforce the

order in the attorney's own name by any means available for the

enforcement of a judgment for debt.

SECTION 42. Section 158.209(c), Family Code, is amended to

read as follows:

(c) If an employer intentionally discharges an employee in

violation of this section, the employer continues to be liable to

the employee for current wages and other benefits and for

reasonable
and necessary
attorney's fees
,
[
and
] court costs
, and

expenses
incurred in enforcing the employee's rights as provided in

this section.
The court may order the fees, costs, expenses, and any

postjudgment interest to be paid directly to the attorney, who may

enforce the order in the attorney's own name by any means available

for the enforcement of a judgment for debt.

SECTION 43. Section 159.305, Family Code, is amended by

amending Subsection (b) and adding Subsection (g) to read as

follows:

(b) A responding tribunal of this state, to the extent not

prohibited by other law, may do one or more of the following:

(1) establish or enforce a support order, modify a

child support order, determine the controlling child support order,

or determine parentage of a child;

(2) order an obligor to comply with a support order,

specifying the amount and the manner of compliance;

(3) order income withholding;

(4) determine the amount of any arrearages and specify

a method of payment;

(5) enforce orders by civil or criminal contempt, or

both;

(6) set aside property for satisfaction of the support

order;

(7) place liens and order execution on the obligor's

property;

(8) order an obligor to keep the tribunal informed of

the obligor's current residential address, electronic mail

address, telephone number, employer, address of employment, and

telephone number at the place of employment;

(9) issue a bench warrant or capias for an obligor who

has failed after proper notice to appear at a hearing ordered by the

tribunal and enter the bench warrant or capias in any local and

state computer systems for criminal warrants;

(10) order the obligor to seek appropriate employment

by specified methods;

(11) award reasonable
and necessary
attorney's fees
,

court costs, expenses,
and other fees [
and costs
]; and

(12) grant any other available remedy.

(g)

The court may order the fees, costs, expenses, and any

postjudgment interest under Subsection (b)(11) to be paid directly

to the attorney, who may enforce the order in the attorney's own

name by any means available for the enforcement of a judgment for

debt.

SECTION 44. The heading to Section 159.313, Family Code, is

amended to read as follows:

Sec. 159.313. [
COSTS AND
] FEES
, COSTS, AND EXPENSES
.

SECTION 45. Sections 159.313(b) and (c), Family Code, are

amended to read as follows:

(b) If an obligee prevails, a responding tribunal of this

state may assess against an obligor [
filing fees,
] reasonable
and

necessary
attorney's fees,
court costs, expenses, filing fees,

other costs, and necessary travel and other reasonable expenses

incurred by the obligee and the obligee's witnesses. The tribunal

may not assess fees, costs, or expenses against the obligee or the

support enforcement agency of either the initiating or responding

state or foreign country, except as provided by other

law. Attorney's fees may be taxed as costs, and may be ordered paid

directly to the attorney, who may enforce the order in the

attorney's own name. Payment of support owed to the obligee has

priority over fees, costs, and expenses.

(c) The tribunal shall order the payment of [
costs and
]

reasonable
and necessary
attorney's fees
, court costs, and expenses

if it determines that a hearing was requested primarily for

delay. In a proceeding under Subchapter G, a hearing is presumed

to have been requested primarily for delay if a registered support

order is confirmed or enforced without change.

SECTION 46. The heading to Section 160.636, Family Code, is

amended to read as follows:

Sec. 160.636. ORDER ADJUDICATING PARENTAGE;
FEES,
COSTS
,

AND EXPENSES
.

SECTION 47. Section 160.636(c), Family Code, is amended to

read as follows:

(c) Except as otherwise provided by Subsection (d), the

court may assess [
filing fees,
] reasonable
and necessary
attorney's

fees,
court costs, expenses, filing fees,
fees for genetic testing,

other costs, and necessary travel and other reasonable expenses

incurred in a proceeding under this subchapter. Attorney's fees

awarded by the court may be paid directly to the attorney. An

attorney who is awarded attorney's fees may enforce the order in the

attorney's own name
by any means available for the enforcement of a

judgment for debt
.

SECTION 48. Section 160.762(d), Family Code, is amended to

read as follows:

(d) The court may assess [
filing fees,
] reasonable
and

necessary
attorney's fees,
court costs, expenses, filing fees,
fees

for genetic testing, other costs, and necessary travel and other

reasonable expenses incurred in a proceeding under this

section. Attorney's fees awarded by the court may be paid directly

to the attorney. An attorney who is awarded attorney's fees may

enforce the order in the attorney's own name
by any means available

for the enforcement of a judgment for debt
.

SECTION 49. Section 231.006(f), Family Code, is amended to

read as follows:

(f) If the certificate required under Subsection (d) is

shown to be false, the vendor is liable to the state for
reasonable

and necessary
attorney's fees,
court costs, expenses,
the costs

necessary to complete the contract, including the cost of

advertising and awarding a second contract, and any other damages

provided by law or contract.

SECTION 50. Section 231.211, Family Code, is amended to

read as follows:

Sec. 231.211. AWARD OF
ATTORNEY'S FEES, COURT COSTS, AND

EXPENSES
[
COST
] AGAINST NONPREVAILING PARTY IN TITLE IV-D

CASE. (a) At the conclusion of a Title IV-D case, the court may

assess
reasonable and necessary
attorney's fees
,
[
and all
] court

costs
, and expenses
as authorized by law against the nonprevailing

party, except that the court may not assess those amounts against

the Title IV-D agency or a private attorney or political

subdivision that has entered into a contract under this chapter or

any party to whom the agency has provided services under this

chapter. [
Such fees and costs may not exceed reasonable and

necessary costs as determined by the court.
]

(b) The clerk of the court may take any action necessary to

collect any fees
,
[
or
] costs
, or expenses
assessed under this

section.

SECTION 51. Section 231.303(c), Family Code, is amended to

read as follows:

(c) A court may compel compliance with an administrative

subpoena and with any administrative fine for failure to comply

with the subpoena and may award
reasonable and necessary
attorney's

fees
,
[
and
] costs
, and expenses
to the Title IV-D agency in

enforcing an administrative subpoena on proof that an individual or

organization failed without good cause to comply with the subpoena.

SECTION 52. Section 261.107(d), Family Code, is amended to

read as follows:

(d) The court shall order a person who is convicted of an

offense under Subsection (a) to pay any reasonable
and necessary

attorney's fees
, court costs, and expenses
incurred by the person

who was falsely accused of abuse or neglect in any proceeding

relating to the false report.

SECTION 53. Sections 261.108(b) and (c), Family Code, are

amended to read as follows:

(b) A court shall award a defendant reasonable
and necessary

attorney's fees
, court costs,
and other expenses related to the

defense of a claim filed against the defendant for damages or other

relief arising from reporting or assisting in the investigation of

a report under this chapter or participating in a judicial

proceeding resulting from the report if:

(1) the court finds that the claim is frivolous,

unreasonable, or without foundation because the defendant is immune

from liability under Section 261.106; and

(2) the claim is dismissed or judgment is rendered for

the defendant.

(c) To recover under this section, the defendant must, at

any time after the filing of a claim, file a written motion stating

that:

(1) the claim is frivolous, unreasonable, or without

foundation because the defendant is immune from liability under

Section 261.106; and

(2) the defendant requests the court to award

reasonable
and necessary
attorney's fees
, court costs,
and other

expenses related to the defense of the claim.

SECTION 54. Section 261.110, Family Code, is amended by

amending Subsection (d) and adding Subsection (n) to read as

follows:

(d) A plaintiff who prevails in a suit under this section

may recover:

(1) actual damages, including damages for mental

anguish even if an injury other than mental anguish is not shown;

(2) exemplary damages under Chapter 41, Civil Practice

and Remedies Code, if the employer is a private employer;
and

(3) [
court costs; and

[
(4)
] reasonable
and necessary
attorney's fees
, court

costs, and expenses
.

(n)

The court may order the fees, costs, expenses, and any

postjudgment interest under Subsection (d)(3) to be paid directly

to the attorney, who may enforce the order in the attorney's own

name by any means available for the enforcement of a judgment for

debt.

SECTION 55. Section 264.852(d), Family Code, is amended to

read as follows:

(d) A permanency care assistance agreement may provide for

reimbursement of the nonrecurring expenses a kinship provider

incurs in obtaining permanent managing conservatorship of a foster

child, including attorney's fees
,
[
and
] court costs
, and

expenses
. The reimbursement of the nonrecurring expenses under

this subsection may not exceed $2,000.

SECTION 56. The change in law made by this Act applies to a

suit that is filed on or after the effective date of this Act. A suit

filed before the effective date of this Act is governed by the law

in effect on the date the suit was filed, and the former law is

continued in effect for that purpose.

SECTION 57. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 2524 was passed by the House on May 8,

2025, by the following vote: Yeas 146, Nays 0, 2 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 2524 was passed by the Senate on May

25, 2025, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor