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HB2524

Regular Session

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

Moderate
Medium Cost
Effective:2025-06-20
Enforcing Agencies

Texas Civil Courts • Private Attorneys (granted authority to enforce orders in their own name)

01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: August 30, 2025 (All payroll protocols and vendor indemnification reviews must be complete prior to the law taking effect).
  • Agency Rulemaking: None required. This statute is self-executing through the Texas Civil Courts. However, judicial interpretation will define the scope of "reasonable expenses" over the next 12-24 months.

Immediate Action Plan

  • 1. Audit Payroll: Immediately verify all active child support and spousal maintenance withholding orders for accuracy.
  • 2. Update Indemnity: Renegotiate payroll vendor contracts to explicitly cover "litigation expenses" resulting from processing errors.
  • 3. Check Insurance: Contact your broker to verify if your current EPLI policy covers court-awarded "expenses" in retaliation suits.
  • 4. Revise Bid Checklists: If bidding on state contracts, implement a mandatory secondary check of all partner/owner child support statuses.

Operational Changes Required

Contracts

  • Payroll Vendor Agreements: You must review indemnification clauses with third-party payroll processors. If a vendor fails to process a withholding order (Sections 8.206/158.206), your business is liable for the plaintiff's "expenses." Ensure your contract allows you to pass these specific litigation costs back to the vendor.
  • State Procurement Bids: Update internal bid review processes. Under Section 231.006, submitting a false certification regarding child support delinquency now triggers liability for the state's "expenses" and the full administrative cost of rebidding the contract.

Hiring/Training

  • HR Termination Protocols: Train HR staff on the heightened risk of terminating employees with active withholding orders. Wrongful termination suits under Family Code 158.209 now carry the penalty of paying the former employee's investigative and litigation "expenses." Documentation for termination must be robust to defeat retaliation claims.
  • Payroll Processing: Implement a "zero-error" policy for spousal maintenance and child support garnishments. The cost of a clerical error now includes the opposing counsel's administrative expenses to correct it.

Reporting & Record-Keeping

  • Litigation Accounting: If your company is a third party in a family law suit (e.g., responding to a subpoena), you are entitled to recover your own "expenses" (Section 106.002). Instruct legal counsel to separately code non-fee costs (data hosting, courier, travel) to ensure full reimbursement.

Fees & Costs

  • Insurance Review: Review General Liability (GL) and Employment Practices Liability Insurance (EPLI) policies. Confirm that the definition of "loss" includes "litigation expenses" awarded to a plaintiff, as this is now a distinct statutory category separate from "defense costs" or "damages."
  • Hospitality Liability: For hotels and inns, the statutory cap on damages for willful/malicious conduct ($25,000) remains, but the ancillary financial liability is now uncapped regarding "expenses."

Strategic Ambiguities & Considerations

  • Definition of "Expenses": The statute does not define what constitutes a "reasonable expense." Plaintiff attorneys will likely interpret this broadly to include private investigators, forensic accountants, and high-end travel costs. Until Texas appellate courts set a precedent, businesses should anticipate aggressive billing in settlement demands.
  • Direct Payment Enforcement: The law allows courts to order fees and expenses paid directly to the attorney, bypassing the client. This incentivizes plaintiff attorneys to pursue collection actions against businesses personally and aggressively, as they become the direct judgment creditors.

Need Help Understanding Implementation?

Our government affairs experts can walk you through this bill's specific impact on your operations.

Schedule Consultation

Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 6, 2025
Passed House
May 8, 2025
Passed Senate
May 25, 2025
Signed
Jun 20, 2025
TopicsCourtsCourts--generalFamilyFamily--child SupportFamily--generalFamily--marriage RelationshipFamily--parent & ChildAttorney's FeesDivorceProtective Orders
03

Official Analysis

View HRO AnalysisView All Bill Documents

BILL ANALYSIS

H.B. 2524

By: Cook

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that the Family Code contains several inconsistencies regarding the award of attorney's fees, court costs, and expenses in family law cases. These inconsistencies have resulted from numerous amendments over the years, with some sections providing for fees and costs, while others are silent or only mention certain expenses. H.B. 2524 seeks to harmonize when a court may award attorney's fees, court costs, and expenses in the family law context.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2524 amends the Family Code to specify that a court, as applicable, may award or order or require payment of reasonable and necessary attorney's fees, court costs, and expenses in a proceeding under provisions relating to the marriage relationship, a child in relation to the family, protective orders and family violence, and a suit affecting the parent-child relationship.

H.B. 2524 authorizes a court, in a proceeding relating to the termination, modification, or enforcement of a spousal maintenance order, to award reasonable and necessary attorney's fees, court costs, and expenses incurred by a party to the divorce or annulment. The bill authorizes the court to order the fees, costs, expenses, and any postjudgment interest, as applicable, in a proceeding under provisions relating to the marriage relationship, protective orders, and a suit affecting the parent-child relationship 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.

H.B. 2524 applies to a suit that is filed on or after the bill's effective date. A suit filed before that date is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose.

EFFECTIVE DATE

September 1, 2025.

House Authors

Rep. David CookRepublican · Primary Author
Joint Authors

Senate Sponsor

Sen. Nathan JohnsonDemocrat · Primary Sponsor

Bill Text(with markup)

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 follows:
       Sec. 42.009.  FRIVOLOUS SUIT.  A person sued for damages as
provided by this chapter is entitled to recover reasonable and
necessary attorney's fees, [and] court costs, and expenses if:
             (1)  the claim for damages is dismissed or judgment is
awarded to the defendant; and
             (2)  the court or jury finds that the claim for damages
is frivolous, unreasonable, or without foundation.
       SECTION 17.  The heading to Section 81.005, Family Code, is
amended to read as follows:
       Sec. 81.005.  ATTORNEY'S FEES, COURT COSTS, AND EXPENSES.
       SECTION 18.  Section 81.005(a), Family Code, is amended to
read as follows:
       (a)  The court may assess reasonable and necessary
attorney's fees, court costs, and expenses against the party found
to have committed family violence or a party against whom an agreed
protective order is rendered under Section 85.005 as compensation
for the services of a private or prosecuting attorney or an attorney
employed by the Department of Family and Protective Services. 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 19.  Section 105.001(a), Family Code, is amended to
read as follows:
       (a)  In a suit, the court may make a temporary order,
including the modification of a prior temporary order, for the
safety and welfare of the child, including an order:
             (1)  for the temporary conservatorship of the child;
             (2)  for the temporary support of the child;
             (3)  restraining a party from disturbing the peace of
the child or another party;
             (4)  prohibiting a person from removing the child
beyond a geographical area identified by the court; or
             (5)  for payment of reasonable and necessary attorney's
fees, court costs, and expenses.
       SECTION 20.  Section 106.002, Family Code, is amended to
read as follows:
       Sec. 106.002.  ATTORNEY'S FEES, COURT COSTS, AND
EXPENSES.  (a)  In a suit or motion under this title and in a habeas
corpus proceeding, the court may render judgment for reasonable and
necessary attorney's fees, court costs, and expenses and order the
judgment and postjudgment interest to be paid directly to an
attorney.
       (b)  A judgment for attorney's fees, court costs, and
expenses may be enforced in the attorney's name by any means
available for the enforcement of a judgment for debt.
       SECTION 21.  Section 107.023, Family Code, is amended to
read as follows:
       Sec. 107.023.  FEES, COURT COSTS, AND EXPENSES IN SUITS
OTHER THAN SUITS BY GOVERNMENTAL ENTITY.  (a)  In a suit other than
a suit filed by a governmental entity requesting termination of the
parent-child relationship or appointment of the entity as
conservator of the child, in addition to the attorney's fees that
may be awarded under Chapter 106, the following persons are
entitled to reasonable and necessary fees, court costs, and
expenses in an amount set by the court and ordered to be paid by one
or more parties to the suit:
             (1)  an attorney appointed as an amicus attorney or as
an attorney ad litem for the child; and
             (2)  a professional who holds a relevant professional
license and who is appointed as guardian ad litem for the child,
other than a volunteer advocate.
       (b)  The court shall:
             (1)  determine the fees, costs, and expenses of an
amicus attorney, an attorney ad litem, or a guardian ad litem by
reference to the reasonable and customary fees for similar services
in the county of jurisdiction;
             (2)  order a reasonable cost deposit to be made at the
time the court makes the appointment; and
             (3)  before the final hearing, order an additional
amount to be paid to the credit of a trust account for the use and
benefit of the amicus attorney, attorney ad litem, or guardian ad
litem.
       (c)  A court may not award [costs,] fees, costs, or expenses
to an amicus attorney, attorney ad litem, or guardian ad litem
against the state, a state agency, or a political subdivision of the
state under this part.
       (d)  The court may determine that fees, costs, and expenses
awarded under this subchapter to an amicus attorney, an attorney ad
litem for the child, or a guardian ad litem for the child are
necessaries for the benefit of the child.
       SECTION 22.  Section 109.001(a), Family Code, is amended to
read as follows:
       (a)  In a suit affecting the parent-child relationship, on
the motion of any party or on the court's own motion and after
notice and hearing, the court may make any order necessary to
preserve and protect the safety and welfare of the child during the
pendency of an appeal as the court may deem necessary and
equitable.  In addition to other matters, an order may:
             (1)  appoint temporary conservators for the child and
provide for possession of the child;
             (2)  require the temporary support of the child by a
party;
             (3)  enjoin a party from molesting or disturbing the
peace of the child or another party;
             (4)  prohibit a person from removing the child beyond a
geographical area identified by the court;
             (5)  require payment of reasonable and necessary
attorney's fees, court costs, and expenses; or
             (6)  suspend the operation of the order or judgment
that is being appealed.
       SECTION 23.  Section 152.208(c), Family Code, is amended to
read as follows:
       (c)  If a court dismisses a petition or stays a proceeding
because it declines to exercise its jurisdiction pursuant to
Subsection (a), it shall assess against the party seeking to invoke
its jurisdiction [necessary and] reasonable and necessary
attorney's fees, court costs, and expenses including [costs,]
communication expenses, [attorney's fees,] investigative fees,
expenses for witnesses, travel expenses, and child care during the
course of the proceedings, unless the party from whom fees are
sought establishes that the assessment would be clearly
inappropriate.  The court may not assess fees, costs, or expenses
against this state unless authorized by law other than this
chapter.
       SECTION 24.  The heading to Section 152.312, Family Code, is
amended to read as follows:
       Sec. 152.312.  [COSTS,] FEES, COURT COSTS, AND EXPENSES.
       SECTION 25.  Section 152.312(a), Family Code, is amended to
read as follows:
       (a)  The court shall award the prevailing party, including a
state, [necessary and] reasonable and necessary attorney's fees,
court costs, and expenses incurred by or on behalf of the party,
including [costs,] communication expenses, [attorney's fees,]
investigative fees, expenses for witnesses, travel expenses, and
child care during the course of the proceedings, unless the party
from whom fees, costs, or expenses are sought establishes that the
award would be clearly inappropriate. 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 26.  Section 154.012(b), Family Code, is amended to
read as follows:
       (b)  An obligor may file a suit to recover a child support
payment under Subsection (a).  If the court finds that the obligee
failed to return a child support payment under Subsection (a), the
<

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Fiscal NoteView Original

LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
March 28, 2025

TO:
Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB2524 by Cook (Relating to the recovery of fees, court costs, and expenses in family law proceedings.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.


Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 530 Family and Protective Services, Department of
LBB Staff:
JMc, KDw, JPa

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Quick Reference

Frequently Asked Questions

Common questions about HB2524

Q

What does Texas HB2524 do?

HB2524 expands financial liability in civil litigation by adding "expenses" to the list of recoverable funds alongside attorney's fees and court costs. This change significantly increases exposure for employers managing child support withholding and hospitality businesses facing liability suits. Courts are now authorized to award uncapped reimbursement for investigative costs, expert witnesses, and travel, transforming minor compliance errors into expensive judgments.

Q

Who authored HB2524?

HB2524 was authored by Texas Representative David Cook during the Regular Session.

Q

When was HB2524 signed into law?

HB2524 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce HB2524?

HB2524 is enforced by Texas Civil Courts and Private Attorneys (granted authority to enforce orders in their own name).

Q

How urgent is compliance with HB2524?

The compliance urgency for HB2524 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q

What is the cost impact of HB2524?

The cost impact of HB2524 is estimated as "medium". This may vary based on industry and implementation requirements.

Q

What topics does HB2524 address?

HB2524 addresses topics including courts, courts--general, family, family--child support and family--general.

Legislative data provided by LegiScanLast updated: November 25, 2025

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