BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 433

80R1895 MCK-F                                                                                                               By: Harris

                                                                                                                                      Jurisprudence

                                                                                                                                            2/27/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law does not authorize the court to award reasonable attorney's fees in a case regarding a post-decree qualified domestic relations order.

 

As proposed, S.B. 433 adds Section 9.106 to the Family Code. This allows a court presiding over a post-decree qualified domestic relations order to award reasonable attorney's fees incurred by a party in a divorce or annulment proceeding. The court is authorized to order the payments to be made directly to the attorney and the order is enforceable by any means available for the enforcement of a debt. 

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 9.014, Family Code, as follows:

 

9.014. ATTORNEY'S FEES. Authorizes the court to award reasonable attorney's fees, rather than attorney's fees as costs, in a proceeding under this subchapter (Post-Decree Qualified Domestic Relations Order).

 

SECTION 2. Amends Subchapter B, Chapter 9, Family Code, by adding Section 9.106, as follows:

 

9.106. ATTORNEY'S FEES. Authorizes the court to award reasonable attorney's fees in a proceeding under this subchapter. Authorizes the court to order the fees to be paid directly to the attorney, who may enforce such order in the attorney's name by available means for the enforcement of a judgment of debt.

 

SECTION 3. Amends Section 9.205, Family Code, to make a conforming change.

 

SECTION 4. Makes application of this Act prospective.

 

SECTION 5. Effective date: September 1, 2007.