76R14402 JMM-D
By Dutton H.B. No. 1271
Substitute the following for H.B. No. 1271:
By Goodman C.S.H.B. No. 1271
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the enforcement of an order for the payment of
1-3 attorney's fees in certain proceedings.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter H, Chapter 6, Family Code, is amended
1-6 by adding Section 6.7085 to read as follows:
1-7 Sec. 6.7085. ATTORNEY'S FEES. Notwithstanding any other
1-8 provision of law, an award of attorney's fees in a proceeding under
1-9 this chapter is not enforceable by contempt unless the award is:
1-10 (1) in an action to enforce a court order under this
1-11 title; or
1-12 (2) an award of interim attorney's fees in an action
1-13 under this title.
1-14 SECTION 2. Section 106.002, Family Code, is amended by
1-15 adding Subsection (c) to read as follows:
1-16 (c) Notwithstanding any other provision of law, an award of
1-17 attorney's fees in a proceeding under this title is not enforceable
1-18 by contempt unless the award is:
1-19 (1) in an action to enforce a court order under this
1-20 title; or
1-21 (2) an award of interim attorney's fees in an action
1-22 under this title.
1-23 SECTION 3. This Act takes effect September 1, 1999, and
1-24 applies only to an award of attorney's fees made on or after that
2-1 date. An award of attorney's fees made before the effective date
2-2 of this Act is governed by the law in effect on the date the award
2-3 was made, and the former law is continued in effect for that
2-4 purpose.
2-5 SECTION 4. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.