1-1 By: Harris S.B. No. 348
1-2 (In the Senate - Filed January 29, 1997; February 4, 1997,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 February 18, 1997, reported favorably by the following vote: Yeas
1-5 7, Nays 0; February 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to costs in certain family law cases.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 106.001, Family Code, is amended to read
1-11 as follows:
1-12 Sec. 106.001. COSTS. The court may award costs in [the same
1-13 manner as in other civil cases in] a suit or motion under this
1-14 title and in a habeas corpus proceeding.
1-15 SECTION 2. Subsection (a), Section 106.002, Family Code, is
1-16 amended to read as follows:
1-17 (a) In a suit under this title [subtitle], the court may
1-18 order reasonable attorney's fees as costs and order the fees to be
1-19 paid directly to an attorney.
1-20 SECTION 3. Subsection (g), Section 152.007, Family Code, is
1-21 amended to read as follows:
1-22 (g) If it appears to the court that it is clearly an
1-23 inappropriate forum, the court may require the party who commenced
1-24 the proceedings to pay, in addition to the costs of the proceedings
1-25 in this state, necessary travel and other expenses, including
1-26 attorney's fees, incurred by other parties or their witnesses.
1-27 [Payment is to be made to the clerk of the court for remittance to
1-28 the proper party.]
1-29 SECTION 4. This Act takes effect September 1, 1997, and
1-30 applies to a pending suit affecting the parent-child relationship
1-31 without regard to whether the suit was commenced before, on, or
1-32 after the effective date of this Act.
1-33 SECTION 5. The importance of this legislation and the
1-34 crowded condition of the calendars in both houses create an
1-35 emergency and an imperative public necessity that the
1-36 constitutional rule requiring bills to be read on three several
1-37 days in each house be suspended, and this rule is hereby suspended.
1-38 * * * * *