79R9738 KSD-F
By: Dutton H.B. No. 1174
Substitute the following for H.B. No. 1174:
By: Goodman C.S.H.B. No. 1174
A BILL TO BE ENTITLED
AN ACT
relating to attorney's fees and costs in a proceeding to enforce an
order for the possession of or access to a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 157.167, Family Code, as amended by
Chapters 477 and 1262, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted and amended to read as follows:
Sec. 157.167. RESPONDENT TO PAY ATTORNEY'S FEES AND COSTS.
(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 attorney's fees and all court costs in addition
to the arrearages. Fees and costs ordered under this subsection may
be enforced by any means available for the enforcement of child
support, including contempt.
(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 attorney's fees and all court costs 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 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
attorney's fees and costs 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
attorney's fees and costs 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.
[(e) Fees and costs ordered under Subsection (a) may be
enforced by any means available for the enforcement of child
support, including contempt.]
SECTION 2. The changes in law made by this Act apply only to
an enforcement order rendered on or after the effective date of this
Act. An enforcement order rendered before that date is governed by
the law in effect on the date the order was rendered, and the former
law is continued in effect for that purpose.
SECTION 3. To the extent of any conflict, this Act prevails
over another Act of the 79th Legislature, Regular Session, 2005,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 4. This Act takes effect September 1, 2005.