88R1814 MLH-F     By: Cook H.B. No. 1546       A BILL TO BE ENTITLED   AN ACT   relating to the recovery of fees, court costs, and expenses in   family law proceedings.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 6.502(a), Family Code, is amended to   read as follows:          (a)  While a suit for dissolution of a marriage is pending   and on the motion of a party or on the court's own motion after   notice and hearing, the court may render an appropriate order,   including the granting of a temporary injunction for the   preservation of the property and protection of the parties as   deemed necessary and equitable and including an order directed to   one or both parties:                (1)  requiring a sworn inventory and appraisement of   the real and personal property owned or claimed by the parties and   specifying the form, manner, and substance of the inventory and   appraisal and list of debts and liabilities;                (2)  requiring payments to be made for the support of   either spouse;                (3)  requiring the production of books, papers,   documents, and tangible things by a party;                (4)  ordering payment of reasonable and necessary   attorney's fees, court costs, and expenses;                (5)  appointing a receiver for the preservation and   protection of the property of the parties;                (6)  awarding one spouse exclusive occupancy of the   residence during the pendency of the case;                (7)  prohibiting the parties, or either party, from   spending funds beyond an amount the court determines to be for   reasonable and necessary living expenses;                (8)  awarding one spouse exclusive control of a party's   usual business or occupation; or                (9)  prohibiting an act described by Section 6.501(a).          SECTION 2.  The heading to Section 6.708, Family Code, is   amended to read as follows:          Sec. 6.708.  [COSTS;] ATTORNEY'S FEES, COURT COSTS, AND   EXPENSES.          SECTION 3.  Section 6.708(c), Family Code, is amended to   read as follows:          (c)  In a suit for dissolution of a marriage, the court may   award reasonable and necessary attorney's fees, court costs, and   expenses.  The court may order the fees, costs, [and] expenses, and   any postjudgment interest to be paid directly to the attorney, who   may enforce the order in the attorney's own name by any means   available for the enforcement of a judgment for debt.          SECTION 4.  Section 6.709(a), Family Code, is amended to   read as follows:          (a)  In a suit for dissolution of a marriage, on the motion of   a party or on the court's own motion, after notice and hearing, the   trial court may render a temporary order as considered equitable   and necessary for the preservation of the property and for the   protection of the parties during an appeal, including an order   directed toward one or both parties:                (1)  requiring the support of either spouse;                (2)  requiring the payment of reasonable and necessary   attorney's fees, court costs, and expenses;                (3)  appointing a receiver for the preservation and   protection of the property of the parties;                (4)  awarding one spouse exclusive occupancy of the   parties' residence pending the appeal;                (5)  enjoining a party from dissipating or transferring   the property awarded to the other party in the trial court's   property division; or                (6)  suspending the operation of all or part of the   property division that is being appealed.          SECTION 5.  Section 8.0591(b), Family Code, is amended to   read as follows:          (b)  An obligor may file a suit to recover overpaid   maintenance under Subsection (a).  If the court finds that the   obligee failed to return overpaid maintenance under Subsection (a),   the court shall order the obligee to pay the obligor's reasonable   and necessary attorney's fees, [and all] court costs, and expenses   in addition to the amount of the overpaid maintenance.  For good   cause shown, the court may waive the requirement that the obligee   pay attorney's fees, [and] court costs, and expenses if the court   states in its order the reasons supporting that finding.          SECTION 6.  Subchapter B, Chapter 8, Family Code, is amended   by adding Section 8.063 to read as follows:          Sec. 8.063.  ATTORNEY'S FEES, COURT COSTS, AND EXPENSES. In   a proceeding under Section 8.056, 8.057, or 8.059, the court may   award reasonable and necessary attorney's fees, court costs, and   expenses incurred by a party to the divorce or annulment. The court   may order the fees, costs, expenses, and any postjudgment interest   to be paid directly to the attorney, who may enforce the order in   the attorney's own name by any means available for the enforcement   of a judgment for debt.          SECTION 7.  Section 8.206, Family Code, is amended by   amending Subsection (b) and adding Subsection (d) to read as   follows:          (b)  An employer who receives, but does not comply with, an   order or writ of withholding is liable to:                (1)  the obligee for any amount of spousal maintenance   not paid in compliance with the order or writ;                (2)  the obligor for any amount withheld from the   obligor's disposable earnings, but not remitted to the obligee; and                (3)  the obligee or obligor for reasonable and   necessary attorney's fees, [and] court costs, and expenses incurred   in recovering an amount described by Subdivision (1) or (2).          (d)  The court may order the fees, costs, expenses, and any   postjudgment interest under Subsection (b)(3) to be paid directly   to the attorney, who may enforce the order in the attorney's own   name by any means available for the enforcement of a judgment for   debt.          SECTION 8.  Section 8.208(c), Family Code, is amended to   read as follows:          (c)  An employer who intentionally discharges an employee in   violation of this section is liable to that employee for current   wages, other employment benefits, and reasonable and necessary   attorney's fees, [and] court costs, and expenses incurred in   enforcing the employee's rights. The court may order the fees,   costs, expenses, and any postjudgment interest to be paid directly   to the attorney, who may enforce the order in the attorney's own   name by any means available for the enforcement of a judgment for   debt.          SECTION 9.  Section 8.357, Family Code, is amended to read as   follows:          Sec. 8.357.  ATTORNEY'S FEES, COURT [AND] COSTS, AND   EXPENSES.  (a)  In a proceeding under this subchapter, the court   may order the obligor to pay reasonable and necessary attorney's   fees, court costs, and expenses incurred by a party to obtain the   order[, all court costs,] and all fees charged by a plan   administrator for the qualified domestic relations order or similar   order.          (b)  Fees, [and] costs, and expenses ordered under this   section may be enforced by any means available for the enforcement   of a judgment for debt.          SECTION 10.  Section 9.014, Family Code, is amended to read   as follows:          Sec. 9.014.  ATTORNEY'S FEES, COURT COSTS, AND   EXPENSES.  The court may award reasonable and necessary attorney's   fees, court costs, and expenses in a proceeding under this   subchapter.  The court may order the attorney's fees, court costs,   and expenses to be paid directly to the attorney, who may enforce   the order [for fees] in the attorney's own name by any means   available for the enforcement of a judgment for debt.          SECTION 11.  Section 9.106, Family Code, is amended to read   as follows:          Sec. 9.106.  ATTORNEY'S FEES, COURT COSTS, AND EXPENSES.  In   a proceeding under this subchapter, the court may award reasonable   and necessary attorney's fees, court costs, and expenses incurred   by a party to a divorce or annulment against the other party to the   divorce or annulment.  The court may order the attorney's fees,   court costs, and expenses to be paid directly to the attorney, who   may enforce the order [for fees] in the attorney's own name by any   means available for the enforcement of a judgment for debt.          SECTION 12.  Section 9.205, Family Code, is amended to read   as follows:          Sec. 9.205.  ATTORNEY'S FEES, COURT COSTS, AND EXPENSES.  In   a proceeding to divide property previously undivided in a decree of   divorce or annulment as provided by this subchapter, the court may   award reasonable and necessary attorney's fees, court costs, and   expenses.  The court may order the attorney's fees, court costs,   and expenses to be paid directly to the attorney, who may enforce   the order in the attorney's own name by any means available for the   enforcement of a judgment for debt.          SECTION 13.  Section 41.002, Family Code, is amended to read   as follows:          Sec. 41.002.  LIMIT OF DAMAGES.  Recovery for damage caused   by wilful and malicious conduct is limited to actual damages, not to   exceed $25,000 per occurrence, plus reasonable and necessary   attorney's fees, court costs, and expenses [reasonable attorney's   fees].          SECTION 14.  Section 41.0025(a), Family Code, is amended to   read as follows:          (a)  Notwithstanding Section 41.002, recovery of damages by   an inn or hotel for wilful and malicious conduct is limited to   actual damages, not to exceed $25,000 per occurrence, plus   reasonable and necessary attorney's fees, court costs, and expenses   [reasonable attorney's fees].          SECTION 15.  Section 42.006(a), Family Code, is amended to   read as follows:          (a)  Damages may include:                (1)  reasonable and necessary attorney's fees, court   [the actual] costs, and expenses incurred[, including attorney's   fees,] in:                      (A)  locating a child who is the subject of the   order;                      (B)  recovering possession of the child if the   petitioner is entitled to possession; and                      (C)  enforcing the order and prosecuting the suit;   and                (2)  mental suffering and anguish incurred by the   plaintiff because of a violation of the order.          SECTION 16.  Section 42.009, Family Code, is amended to read   as follows:          Sec. 42.009.  FRIVOLOUS SUIT.  A person sued for damages as   provided by this chapter is entitled to recover reasonable and   necessary attorney's fees, [and] court costs, and expenses if:                (1)  the claim for damages is dismissed or judgment is   awarded to the defendant; and                (2)  the court or jury finds that the claim for damages   is frivolous, unreasonable, or without foundation.          SECTION 17.  The heading to Section 81.005, Family Code, is   amended to read as follows:          Sec. 81.005.  ATTORNEY'S FEES, COURT COSTS, AND EXPENSES.          SECTION 18.  Section 81.005(a), Family Code, is amended to   read as follows:          (a)  The court may assess reasonable and necessary   attorney's fees, court costs, and expenses against the party found   to have committed family violence or a party against whom an agreed   protective order is rendered under Section 85.005 as compensation   for the services of a private or prosecuting attorney or an attorney   employed by the Department of Family and Protective Services. The   court may order the fees, costs, expenses, and any postjudgment   interest to be paid directly to the attorney, who may enforce the   order in the attorney's own name by any means available for the   enforcement of a judgment for debt.          SECTION 19.  Section 105.001(a), Family Code, is amended to   read as follows:          (a)  In a suit, the court may make a temporary order,   including the modification of a prior temporary order, for the   safety and welfare of the child, including an order:                (1)  for the temporary conservatorship of the child;                (2)  for the temporary support of the child;                (3)  restraining a party from disturbing the peace of   the child or another party;                (4)  prohibiting a person from removing the child   beyond a geographical area identified by the court; or                (5)  for payment of reasonable and necessary attorney's   fees, court costs, and expenses.          SECTION 20.  Section 106.002, Family Code, is amended to   read as follows:          Sec. 106.002.  ATTORNEY'S FEES, COURT COSTS, AND   EXPENSES.  (a)  In a suit or motion under this title and in a habeas   corpus proceeding, the court may render judgment for reasonable and   necessary attorney's fees, court costs, and expenses and order the   judgment and postjudgment interest to be paid directly to an   attorney.          (b)  A judgment for attorney's fees, court costs, and   expenses may be enforced in the attorney's name by any means   available for the enforcement of a judgment for debt.          SECTION 21.  Section 107.023, Family Code, is amended to   read as follows:          Sec. 107.023.  FEES, COURT COSTS, AND EXPENSES IN SUITS   OTHER THAN SUITS BY GOVERNMENTAL ENTITY.  (a)  In a suit other than   a suit filed by a governmental entity requesting termination of the   parent-child relationship or appointment of the entity as   conservator of the child, in addition to the attorney's fees that   may be awarded under Chapter 106, the following persons are   entitled to reasonable and necessary fees, court costs, and   expenses in an amount set by the court and ordered to be paid by one   or more parties to the suit:                (1)  an attorney appointed as an amicus attorney or as   an attorney ad litem for the child; and                (2)  a professional who holds a relevant professional   license and who is appointed as guardian ad litem for the child,   other than a volunteer advocate.          (b)  The court shall:                (1)  determine the fees, costs, and expenses of an   amicus attorney, an attorney ad litem, or a guardian ad litem by   reference to the reasonable and customary fees for similar services   in the county of jurisdiction;                (2)  order a reasonable cost deposit to be made at the   time the court makes the appointment; and                (3)  before the final hearing, order an additional   amount to be paid to the credit of a trust account for the use and   benefit of the amicus attorney, attorney ad litem, or guardian ad   litem.          (c)  A court may not award [costs,] fees, costs, or expenses   to an amicus attorney, attorney ad litem, or guardian ad litem   against the state, a state agency, or a political subdivision of the   state under this part.          (d)  The court may determine that fees, costs, and expenses   awarded under this subchapter to an amicus attorney, an attorney ad   litem for the child, or a guardian ad litem for the child are   necessaries for the benefit of the child.          SECTION 22.  Section 109.001(a), Family Code, is amended to   read as follows:          (a)  In a suit affecting the parent-child relationship, on   the motion of any party or on the court's own motion and after   notice and hearing, the court may make any order necessary to   preserve and protect the safety and welfare of the child during the   pendency of an appeal as the court may deem necessary and   equitable.  In addition to other matters, an order may:                (1)  appoint temporary conservators for the child and   provide for possession of the child;                (2)  require the temporary support of the child by a   party;                (3)  enjoin a party from molesting or disturbing the   peace of the child or another party;                (4)  prohibit a person from removing the child beyond a   geographical area identified by the court;                (5)  require payment of reasonable and necessary   attorney's fees, court costs, and expenses; or                (6)  suspend the operation of the order or judgment   that is being appealed.          SECTION 23.  Section 152.208(c), Family Code, is amended to   read as follows:          (c)  If a court dismisses a petition or stays a proceeding   because it declines to exercise its jurisdiction pursuant to   Subsection (a), it shall assess against the party seeking to invoke   its jurisdiction [necessary and] reasonable and necessary   attorney's fees, court costs, and expenses including [costs,]   communication expenses, [attorney's fees,] investigative fees,   expenses for witnesses, travel expenses, and child care during the   course of the proceedings, unless the party from whom fees are   sought establishes that the assessment would be clearly   inappropriate.  The court may not assess fees, costs, or expenses   against this state unless authorized by law other than this   chapter.          SECTION 24.  The heading to Section 152.312, Family Code, is   amended to read as follows:          Sec. 152.312.  [COSTS,] FEES, COURT COSTS, AND EXPENSES.          SECTION 25.  Section 152.312(a), Family Code, is amended to   read as follows:          (a)  The court shall award the prevailing party, including a   state, [necessary and] reasonable and necessary attorney's fees,   court costs, and expenses incurred by or on behalf of the party,   including [costs,] communication expenses, [attorney's fees,]   investigative fees, expenses for witnesses, travel expenses, and   child care during the course of the proceedings, unless the party   from whom fees, costs, or expenses are sought establishes that the   award would be clearly inappropriate. The court may order the fees,   costs, expenses, and any postjudgment interest to be paid directly   to the attorney, who may enforce the order in the attorney's own   name by any means available for the enforcement of a judgment for   debt.          SECTION 26.  Section 154.012(b), Family Code, is amended to   read as follows:          (b)  An obligor may file a suit to recover a child support   payment under Subsection (a).  If the court finds that the obligee   failed to return a child support payment under Subsection (a), the   court shall order the obligee to pay to the obligor reasonable and   necessary attorney's fees, [and all] court costs, and expenses in   addition to the amount of support paid after the date the child   support order terminated.  The court may order the fees, costs,   expenses, and any postjudgment interest to be paid directly to the   attorney, who may enforce the order in the attorney's own name by   any means available for the enforcement of a judgment for debt. For   good cause shown, the court may waive the requirement that the   obligee pay attorney's fees, court [and] costs, and expenses if the   court states the reasons supporting that finding.          SECTION 27.  Section 156.005, Family Code, is amended to   read as follows:          Sec. 156.005.  FRIVOLOUS FILING OF SUIT FOR   MODIFICATION.  Notwithstanding Rules 296 through 299, Texas Rules   of Civil Procedure, if the court finds that a suit for modification   is filed frivolously or is designed to harass a party, the court   shall state that finding in the order and assess reasonable and   necessary attorney's fees, court [as] costs, and expenses against   the offending party.          SECTION 28.  Section 157.110(c), Family Code, is amended to   read as follows:          (c)  The court may order that all or part of the forfeited   amount be applied to pay reasonable and necessary attorney's fees,   court [and] costs, and expenses incurred by the person or entity   bringing the motion for contempt or motion for forfeiture.          SECTION 29.  Section 157.162(b), Family Code, is amended to   read as follows:          (b)  A finding that the respondent is not in contempt does   not preclude the court from awarding the petitioner court costs and   reasonable and necessary attorney's fees, court costs, and expenses   or ordering any other enforcement remedy, including rendering a   money judgment, posting a bond or other security, or withholding   income. The court may order the fees, costs, expenses, and any   postjudgment interest to be paid directly to the attorney, who may   enforce the order in the attorney's own name by any means available   for the enforcement of a judgment for debt.          SECTION 30.  Section 157.167, Family Code, is amended to   read as follows:          Sec. 157.167.  RESPONDENT TO PAY ATTORNEY'S FEES, COURT   [AND] COSTS, AND EXPENSES.  (a)  If the court finds that the   respondent has failed to make child support payments, the court   shall order the respondent to pay the movant's reasonable and   necessary attorney's fees, [and all] court costs, and expenses in   addition to the arrearages.  Fees, [and] costs, and expenses   ordered under this subsection may be enforced by any means   available for the enforcement of child support, including contempt.   The court may order the fees, costs, expenses, and any postjudgment   interest to be paid directly to the attorney, who may enforce the   order in the attorney's own name by any means available for the   enforcement of a judgment for debt.          (b)  If the court finds that the respondent has failed to   comply with the terms of an order providing for the possession of or   access to a child, the court shall order the respondent to pay the   movant's reasonable and necessary attorney's fees, [and all] court   costs, and expenses in addition to any other remedy.  If the court   finds that the enforcement of the order with which the respondent   failed to comply was necessary  to ensure the child's physical or   emotional health or welfare, the fees, [and] costs, and expenses   ordered under this subsection may be enforced by any means   available for the enforcement of child support, including contempt,   but not including income withholding.          (c)  Except as provided by Subsection (d), for good cause   shown, the court may waive the requirement that the respondent pay   reasonable and necessary attorney's fees, [and] costs, and expenses   if the court states the reasons supporting that finding.          (d)  If the court finds that the respondent is in contempt of   court for failure or refusal to pay child support and that the   respondent owes $20,000 or more in child support arrearages, the   court may not waive the requirement that the respondent pay   reasonable and necessary attorney's fees, [and] costs, and expenses   unless the court also finds that the respondent:                (1)  is involuntarily unemployed or is disabled; and                (2)  lacks the financial resources to pay the   attorney's fees, [and] costs, and expenses.          SECTION 31.  Section 157.211, Family Code, is amended to   read as follows:          Sec. 157.211.  CONDITIONS OF COMMUNITY SUPERVISION.  (a) If   the court places the respondent on community supervision and   suspends commitment, the terms and conditions of community   supervision may include the requirement that the respondent:                (1)  report to the community supervision officer as   directed;                (2)  permit the community supervision officer to visit   the respondent at the respondent's home or elsewhere;                (3)  obtain counseling on financial planning, budget   management, conflict resolution, parenting skills, alcohol or drug   abuse, or other matters causing the respondent to fail to obey the   order;                (4)  pay required child support and any child support   arrearages;                (5)  pay reasonable and necessary [court costs and]   attorney's fees, court costs, and expenses ordered by the court;                (6)  seek employment assistance services offered by the   Texas Workforce Commission under Section 302.0035, Labor Code, if   appropriate; and                (7)  participate in mediation or other services to   alleviate conditions that prevent the respondent from obeying the   court's order.          (b)  The court may order the fees, costs, expenses, and any   postjudgment interest under Subsection (a)(5) to be paid directly   to the attorney, who may enforce the order in the attorney's own   name by any means available for the enforcement of a judgment for   debt.          SECTION 32.  Section 157.268, Family Code, is amended to   read as follows:          Sec. 157.268.  APPLICATION OF CHILD SUPPORT PAYMENT.  Child   support collected shall be applied in the following order of   priority:                (1)  current child support;                (2)  non-delinquent child support owed;                (3)  the principal amount of child support that has not   been confirmed and reduced to money judgment;                (4)  the principal amount of child support that has   been confirmed and reduced to money judgment;                (5)  interest on the principal amounts specified in   Subdivisions (3) and (4); and                (6)  the amount of any ordered reasonable and necessary   attorney's fees, court [or] costs, expenses, or Title IV-D service   fees authorized under Section 231.103 for which the obligor is   responsible.          SECTION 33.  Section 157.318(a), Family Code, is amended to   read as follows:          (a)  Subject to Subsection (d), a lien is effective until all   current support and child support arrearages, including [interest,   any costs and] reasonable and necessary attorney's fees, court   costs, expenses, postjudgment interest, and any Title IV-D service   fees authorized under Section 231.103 for which the obligor is   responsible, have been paid or the lien is otherwise released as   provided by this subchapter.          SECTION 34.  Section 157.322(a), Family Code, is amended to   read as follows:          (a)  On payment in full of the amount of child support due,   together with any [costs and] reasonable and necessary attorney's   fees, court costs, and expenses, the child support lien claimant   shall execute and deliver to the obligor or the obligor's attorney a   release of the child support lien.          SECTION 35.  Section 157.323, Family Code, is amended by   amending Subsection (c) and adding Subsection (e) to read as   follows:          (c)  If arrearages are owed by the obligor, the court shall:                (1)  render judgment against the obligor for the amount   due, plus [costs and] reasonable and necessary attorney's fees,   court costs, and expenses;                  (2)  order any official authorized to levy execution to   satisfy reasonable and necessary attorney's fees, court costs,   expenses, and the lien[, costs, and attorney's fees] by selling any   property on which a lien is established under this subchapter; or                (3)  order an individual or organization in possession   of nonexempt personal property or cash owned by the obligor to   dispose of the property as the court may direct.          (e)  The court may order the fees, costs, expenses, and any   postjudgment interest under Subsection (c)(1) or (2) to be paid   directly to the attorney, who may enforce the order in the   attorney's own name by any means available for the enforcement of a   judgment for debt.          SECTION 36.  Section 157.330(b), Family Code, is amended to   read as follows:          (b)  A claimant may recover [costs and] reasonable and   necessary attorney's fees, court costs, and expenses incurred in an   action under this section. The court may order the fees, costs,   expenses, and any postjudgment interest to be paid directly to the   attorney, who may enforce the order in the attorney's own name by   any means available for the enforcement of a judgment for debt.          SECTION 37.  Section 157.507, Family Code, is amended to   read as follows:          Sec. 157.507.  ATTORNEY'S FEES, COURT [AND] COSTS, AND   EXPENSES.  (a)  In a proceeding under this subchapter, the court   may order the obligor to pay reasonable and necessary attorney's   fees, court costs, and expenses incurred by a party to obtain the   order[, all court costs,] and all fees charged by a plan   administrator for the qualified domestic relations order or similar   order.          (b)  Fees, [and] costs, and expenses ordered under this   section may be enforced by any means available for the enforcement   of child support, including contempt.          SECTION 38.  The heading to Section 158.0051, Family Code,   is amended to read as follows:          Sec. 158.0051.  ORDER FOR WITHHOLDING FOR ATTORNEY'S [COSTS   AND] FEES, COURT COSTS, AND EXPENSES.          SECTION 39.  Sections 158.0051(a) and (c), Family Code, are   amended to read as follows:          (a)  In addition to an order for income to be withheld for   child support, including child support and child support   arrearages, the court may render an order that income be withheld   from the disposable earnings of the obligor to be applied towards   the satisfaction of any ordered reasonable and necessary attorney's   fees, court [and] costs, and expenses resulting from an action to   enforce child support under this title.          (c)  The court shall order that amounts withheld for fees,   [and] costs, and expenses under this section be remitted directly   to the person entitled to the ordered attorney's fees, [or] costs,   or expenses or be paid through a local registry for disbursement to   that person.          SECTION 40.  Section 158.102, Family Code, is amended to   read as follows:          Sec. 158.102.  TIME LIMITATIONS.  An order or writ for   income withholding under this chapter may be issued until all   current support and child support arrearages, interest, and any   applicable fees and costs, including ordered reasonable and   necessary attorney's fees, [and] court costs, and expenses, have   been paid.          SECTION 41.  Section 158.206, Family Code, is amended by   amending Subsection (b) and adding Subsection (d) to read as   follows:          (b)  An employer receiving an order or writ of withholding   who does not comply with the order or writ is liable:                (1)  to the obligee for the amount not paid in   compliance with the order or writ, including the amount the obligor   is required to pay for health insurance or dental insurance under   Chapter 154;                (2)  to the obligor for:                      (A)  the amount withheld and not paid as required   by the order or writ; and                      (B)  an amount equal to the interest that accrues   under Section 157.265 on the amount withheld and not paid; and                (3)  for reasonable and necessary attorney's fees,   [and] court costs, and expenses.          (d)  The court may order the fees, costs, and expenses under   Subsection (b)(3) and any postjudgment interest under Subsection   (b)(2)(B) to be paid directly to the attorney, who may enforce the   order in the attorney's own name by any means available for the   enforcement of a judgment for debt.          SECTION 42.  Section 158.209(c), Family Code, is amended to   read as follows:          (c)  If an employer intentionally discharges an employee in   violation of this section, the employer continues to be liable to   the employee for current wages and other benefits and for   reasonable and necessary attorney's fees, [and] court costs, and   expenses incurred in enforcing the employee's rights as provided in   this section. The court may order the fees, costs, expenses, and any   postjudgment interest to be paid directly to the attorney, who may   enforce the order in the attorney's own name by any means available   for the enforcement of a judgment for debt.          SECTION 43.  Section 159.305, Family Code, is amended by   amending Subsection (b) and adding Subsection (g) to read as   follows:          (b)  A responding tribunal of this state, to the extent not   prohibited by other law, may do one or more of the following:                (1)  establish or enforce a support order, modify a   child support order, determine the controlling child support order,   or determine parentage of a child;                (2)  order an obligor to comply with a support order,   specifying the amount and the manner of compliance;                (3)  order income withholding;                (4)  determine the amount of any arrearages and specify   a method of payment;                (5)  enforce orders by civil or criminal contempt, or   both;                (6)  set aside property for satisfaction of the support   order;                (7)  place liens and order execution on the obligor's   property;                (8)  order an obligor to keep the tribunal informed of   the obligor's current residential address, electronic mail   address, telephone number, employer, address of employment, and   telephone number at the place of employment;                (9)  issue a bench warrant or capias for an obligor who   has failed after proper notice to appear at a hearing ordered by the   tribunal and enter the bench warrant or capias in any local and   state computer systems for criminal warrants;                (10)  order the obligor to seek appropriate employment   by specified methods;                (11)  award reasonable and necessary attorney's fees,   court costs, expenses, and other fees [and costs]; and                (12)  grant any other available remedy.          (g)  The court may order the fees, costs, expenses, and any   postjudgment interest under Subsection (b)(11) to be paid directly   to the attorney, who may enforce the order in the attorney's own   name by any means available for the enforcement of a judgment for   debt.          SECTION 44.  The heading to Section 159.313, Family Code, is   amended to read as follows:          Sec. 159.313.  [COSTS AND] FEES, COSTS, AND EXPENSES.          SECTION 45.  Sections 159.313(b) and (c), Family Code, are   amended to read as follows:          (b)  If an obligee prevails, a responding tribunal of this   state may assess against an obligor [filing fees,] reasonable and   necessary attorney's fees, court costs, expenses, filing fees,   other costs, and necessary travel and other reasonable expenses   incurred by the obligee and the obligee's witnesses.  The tribunal   may not assess fees, costs, or expenses against the obligee or the   support enforcement agency of either the initiating or responding   state or foreign country, except as provided by other   law.  Attorney's fees may be taxed as costs, and may be ordered paid   directly to the attorney, who may enforce the order in the   attorney's own name.  Payment of support owed to the obligee has   priority over fees, costs, and expenses.          (c)  The tribunal shall order the payment of [costs and]   reasonable and necessary attorney's fees, court costs, and expenses   if it determines that a hearing was requested primarily for   delay.  In a proceeding under Subchapter G, a hearing is presumed   to have been requested primarily for delay if a registered support   order is confirmed or enforced without change.          SECTION 46.  The heading to Section 160.636, Family Code, is   amended to read as follows:          Sec. 160.636.  ORDER ADJUDICATING PARENTAGE; FEES, COSTS,   AND EXPENSES.          SECTION 47.  Section 160.636(c), Family Code, is amended to   read as follows:          (c)  Except as otherwise provided by Subsection (d), the   court may assess [filing fees,] reasonable and necessary attorney's   fees, court costs, expenses, filing fees, fees for genetic testing,   other costs, and necessary travel and other reasonable expenses   incurred in a proceeding under this subchapter.  Attorney's fees   awarded by the court may be paid directly to the attorney.  An   attorney who is awarded attorney's fees may enforce the order in the   attorney's own name by any means available for the enforcement of a   judgment for debt.          SECTION 48.  Section 160.762(d), Family Code, is amended to   read as follows:          (d)  The court may assess [filing fees,] reasonable and   necessary attorney's fees, court costs, expenses, filing fees, fees   for genetic testing, other costs, and necessary travel and other   reasonable expenses incurred in a proceeding under this   section.  Attorney's fees awarded by the court may be paid directly   to the attorney.  An attorney who is awarded attorney's fees may   enforce the order in the attorney's own name by any means available   for the enforcement of a judgment for debt.          SECTION 49.  Section 231.006(f), Family Code, is amended to   read as follows:          (f)  If the certificate required under Subsection (d) is   shown to be false, the vendor is liable to the state for reasonable   and necessary attorney's fees, court costs, expenses, the costs   necessary to complete the contract, including the cost of   advertising and awarding a second contract, and any other damages   provided by law or contract.          SECTION 50.  Section 231.211, Family Code, is amended to   read as follows:          Sec. 231.211.  AWARD OF ATTORNEY'S FEES, COURT COSTS, AND   EXPENSES [COST] AGAINST NONPREVAILING PARTY IN TITLE IV-D   CASE.  (a)  At the conclusion of a Title IV-D case, the court may   assess reasonable and necessary attorney's fees, [and all] court   costs, and expenses as authorized by law against the nonprevailing   party, except that the court may not assess those amounts against   the Title IV-D agency or a private attorney or political   subdivision that has entered into a contract under this chapter or   any party to whom the agency has provided services under this   chapter.  [Such fees and costs may not exceed reasonable and   necessary costs as determined by the court.]          (b)  The clerk of the court may take any action necessary to   collect any fees, [or] costs, or expenses assessed under this   section.          SECTION 51.  Section 231.303(c), Family Code, is amended to   read as follows:          (c)  A court may compel compliance with an administrative   subpoena and with any administrative fine for failure to comply   with the subpoena and may award reasonable and necessary attorney's   fees, [and] costs, and expenses to the Title IV-D agency in   enforcing an administrative subpoena on proof that an individual or   organization failed without good cause to comply with the subpoena.          SECTION 52.  Section 261.107(d), Family Code, is amended to   read as follows:          (d)  The court shall order a person who is convicted of an   offense under Subsection (a) to pay any reasonable and necessary   attorney's fees, court costs, and expenses incurred by the person   who was falsely accused of abuse or neglect in any proceeding   relating to the false report.          SECTION 53.  Sections 261.108(b) and (c), Family Code, are   amended to read as follows:          (b)  A court shall award a defendant reasonable and necessary   attorney's fees, court costs, and other expenses related to the   defense of a claim filed against the defendant for damages or other   relief arising from reporting or assisting in the investigation of   a report under this chapter or participating in a judicial   proceeding resulting from the report if:                (1)  the court finds that the claim is frivolous,   unreasonable, or without foundation because the defendant is immune   from liability under Section 261.106; and                (2)  the claim is dismissed or judgment is rendered for   the defendant.          (c)  To recover under this section, the defendant must, at   any time after the filing of a claim, file a written motion stating   that:                (1)  the claim is frivolous, unreasonable, or without   foundation because the defendant is immune from liability under   Section 261.106; and                (2)  the defendant requests the court to award   reasonable and necessary attorney's fees, court costs, and other   expenses related to the defense of the claim.          SECTION 54.  Section 261.110, Family Code, is amended by   amending Subsection (d) and adding Subsection (n) to read as   follows:          (d)  A plaintiff who prevails in a suit under this section   may recover:                (1)  actual damages, including damages for mental   anguish even if an injury other than mental anguish is not shown;                (2)  exemplary damages under Chapter 41, Civil Practice   and Remedies Code, if the employer is a private employer; and                (3)  [court costs; and                [(4)]  reasonable and necessary attorney's fees, court   costs, and expenses.          (n)  The court may order the fees, costs, expenses, and any   postjudgment interest under Subsection (d)(3) to be paid directly   to the attorney, who may enforce the order in the attorney's own   name by any means available for the enforcement of a judgment for   debt.          SECTION 55.  Section 264.852(d), Family Code, is amended to   read as follows:          (d)  A permanency care assistance agreement may provide for   reimbursement of the nonrecurring expenses a kinship provider   incurs in obtaining permanent managing conservatorship of a foster   child, including attorney's fees, [and] court costs, and   expenses.  The reimbursement of the nonrecurring expenses under   this subsection may not exceed $2,000.          SECTION 56.  The change in law made by this Act applies to a   suit that is filed on or after the effective date of this Act. A suit   filed before the effective date of this Act is governed by the law   in effect on the date the suit was filed, and the former law is   continued in effect for that purpose.          SECTION 57.  This Act takes effect September 1, 2023.