Tex. Fam. Code § 231.201-231.210

TEXAS FAMILY CODE Chapter 231, Subchapter C — PAYMENT OF FEES AND COSTS CHAPTER 231 • TITLE IV-D SERVICES Subchapter C: PAYMENT OF FEES AND COSTS Sec. 231.201. DEFINITIONS. In this subchapter: (1) "Federal share" means the portion of allowable expenses for fees and other costs that will be reimbursed by the federal government under federal law and regulations regarding the administration of the Title IV-D program. (2) "State share" means the portion of allowable expenses for fees and other costs that remain after receipt of the federal share of reimbursement and that is to be reimbursed by the state or may be contributed by certified public expenditure by a county. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 231.202. AUTHORIZED COSTS AND FEES IN TITLE IV-D CASES. In a Title IV-D case filed under this title, including a case filed under Chapter 159, the Title IV-D agency shall pay only the following costs and fees: (1) filing fees and fees for issuance and service of process as provided by Chapter 110 of this code and by Sections 51.318(b)(2) and 51.319(2), Government Code; (2) fees for transfer as provided by Chapter 110; (3) fees for the issuance and delivery of orders and writs of income withholding in the amounts provided by Chapter 110; (4) the fee for services provided by sheriffs and constables, including: (A) a fee authorized under Section 118.131, Local Government Code, for serving each item of process to each individual on whom service is required, including service by certified or registered mail; and (B) a fee authorized under Section 157.103(b) for serving a capias; (5) the fee for filing an administrative writ of withholding under Section 158.503(d); and (6) the fee for issuance of a subpoena as provided by Section 51.318(b)(1), Government Code. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, writ of withholding under Section 158.503(d); and (6) the fee for issuance of a subpoena as provided by Section 51.318(b)(1), Government Code. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 1.04, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 7.21(a), eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 116, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1217, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 49, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 28, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 1290 (H.B. 2302), Sec. 15, eff. September 1, 2013. Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 4.05, eff. January 1, 2022. Sec. 231.2025. CONTINGENCY FEES. The Title IV-D agency may pay a contingency fee in a contract or agreement between the agency and a private agency or individual authorized under Section 231.002(c). Added by Acts 1997, 75th Leg., ch. 420, Sec. 19, eff. Sept. 1, 1997. Sec. 231.203. STATE EXEMPTION FROM BOND NOT AFFECTED. This subchapter does not affect, nor is this subchapter affected by, the exemption from bond provided by Section 6.001, Civil Practice and Remedies Code. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 231, Subchapter C — PAYMENT OF FEES AND COSTS Sec. 231.204. PROHIBITED FEES IN TITLE IV-D CASES. Except as provided by this subchapter, an appellate court, a clerk of an appellate court, a district or county clerk, sheriff, constable, or other government officer or employee may not charge the Title IV-D agency or a private attorney or political subdivision that has entered into a contract to provide Title IV-D services any fees or other government officer or employee may not charge the Title IV-D agency or a private attorney or political subdivision that has entered into a contract to provide Title IV-D services any fees or other amounts otherwise imposed by law for services rendered in, or in connection with, a Title IV-D case, including: (1) a fee payable to a district clerk for: (A) performing services related to the estates of deceased persons or minors; (B) certifying copies; or (C) comparing copies to originals; (2) a court reporter fee, except as provided by Section 231.209; (3) a judicial fund fee; (4) a fee for a child support registry, enforcement office, or domestic relations office; (5) a fee for alternative dispute resolution services; (6) a filing fee or other costs payable to a clerk of an appellate court; and (7) a statewide electronic filing system fund fee. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 55, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1023, Sec. 55, eff. Sept. 1, 2001. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 742 (S.B. 355), Sec. 10, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1290 (H.B. 2302), Sec. 16, eff. September 1, 2013. Sec. 231.205. LIMITATIONS ON LIABILITY OF ATTORNEY GENERAL FOR AUTHORIZED FEES AND COSTS. (a) The Title IV-D agency is liable for a fee or cost under this subchapter only to the extent that an express, specific appropriation is made to the agency exclusively for that purpose. To the extent that state funds are not available, the amount of costs and fees that are not reimbursed by the federal government and that represent the state share shall be paid by certified public expenditure by the county through the clerk of the court, sheriff, or constable. This section does not prohibit the agency from spending other funds appropriated for child support enforcement to provide the initial expenditures necessary to qualify for the fe riff, or constable. This section does not prohibit the agency from spending other funds appropriated for child support enforcement to provide the initial expenditures necessary to qualify for the federal share. (b) The Title IV-D agency is liable for the payment of the federal share of reimbursement for fees and costs under this subchapter only to the extent that the federal share is received, and if an amount is paid by the agency and that amount is disallowed by the federal government or the federal share is not otherwise received, the clerk of the court, sheriff, or constable to whom the payment was made shall return the amount to the agency not later than the 30th day after the date on which notice is given by the agency. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 231.206. RESTRICTION ON FEES FOR CHILD SUPPORT OR REGISTRY SERVICES IN TITLE IV-D CASES. A district clerk, a county child support registry or enforcement office, or a domestic relations office may not assess or collect fees for processing child support payments or for child support services from the Title IV-D agency, a managing conservator, or a possessory conservator in a Title IV-D case, except as provided by this subchapter. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 231.207. METHOD OF BILLING FOR ALLOWABLE FEES. (a) To be entitled to reimbursement under this subchapter, the clerk of the court, sheriff, or constable must submit one monthly billing to the Title IV-D agency. (b) The monthly billing must be in the form and manner prescribed by the Title IV-D agency and be approved by the clerk, sheriff, or constable. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 231, Subchapter C — PAYMENT OF FEES AND COSTS Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 231.208. AGREEMENTS FOR REIMBURSEMENT IN LIEU OF FEES. (a) The E Chapter 231, Subchapter C — PAYMENT OF FEES AND COSTS Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 231.208. AGREEMENTS FOR REIMBURSEMENT IN LIEU OF FEES. (a) The Title IV-D agency and a qualified county may enter into a written agreement under which reimbursement for salaries and certain other actual costs incurred by the clerk, sheriff, or constable in Title IV-D cases is provided to the county. (b) A county may not enter into an agreement for reimbursement under this section unless the clerk, sheriff, or constable providing service has at least two full-time employees each devoted exclusively to providing services in Title IV-D cases. (c) Reimbursement made under this section is in lieu of all costs and fees provided by this subchapter. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 231.209. PAYMENT FOR SERVICES NOT AFFECTED BY THIS SUBCHAPTER. Without regard to this subchapter and specifically Section 231.205, the Title IV-D agency may pay the costs for: (1) the services of an official court reporter for the preparation of statements of facts; (2) the costs for the publication of citation served by publication; and (3) mileage or other reasonable travel costs incurred by a sheriff or constable when traveling out of the county to execute an outstanding warrant or capias, to be reimbursed at a rate not to exceed the rate provided for mileage or other costs incurred by state employees in the General Appropriations Act. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 1.05, eff. Sept. 1, 1995. Sec. 231.210. AUTHORITY TO PAY LITIGATION EXPENSES. (a) The Title IV-D agency may pay all fees, expenses, costs, and bills necessary to secure evidence and to take the testimony of a witness, including advance payments or purchases for transportation, lodging, meals, and incidental expenses of custodians of evidence or witnes ary to secure evidence and to take the testimony of a witness, including advance payments or purchases for transportation, lodging, meals, and incidental expenses of custodians of evidence or witnesses whose transportation is necessary and proper for the production of evidence or the taking of testimony in a Title IV-D case. (b) In making payments under this section, the Title IV-D agency shall present vouchers to the comptroller that have been sworn to by the custodian or witness and approved by the agency. The voucher shall be sufficient to authorize payment without the necessity of a written contract. (c) The Title IV-D agency may directly pay a commercial transportation company or commercial lodging establishment for the expense of transportation or lodging of a custodian or witness. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 231.211. AWARD OF ATTORNEY'S FEES, COURT COSTS, AND EXPENSES AGAINST NONPREVAILING PARTY IN TITLE IV-D CASE. (a) At the conclusion of a Title IV-D case, the court may assess reasonable and necessary attorney's fees, court costs, and expenses as authorized by law against the nonprevailing party, except that the court may not assess those amounts against the Title IV-D agency or a private attorney or political subdivision that has entered into a contract under this chapter or any party to whom the agency has provided services under this chapter. (b) The clerk of the court may take any action necessary to collect any fees, costs, or expenses assessed under this section. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 50, eff. September 1, 2025. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3