HB2524 - Relating to the recovery of fees, court costs, and expenses in family law proceedings.

      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 foll [Text truncated for display. 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