Texas House Bill HB1438

Texas 2011 - 82nd Regular

• Out of House Committee: 3/23/11
• Introduced: 2/16/11
• Refer: 3/1/11
• Report Pass: 3/21/11

Caption

Relating to service of process on certain domestic and foreign entities for the collection of delinquent property taxes.

Impact

If enacted, HB1438 would facilitate the collection of delinquent property taxes by clarifying the procedures for serving notices and demands to entities that are not easily reachable. This would strengthen the position of local governments in tax collection efforts, ensuring that they can hold delinquent entities accountable regardless of the current status of their corporate privileges. The specified amendments would enable local jurisdictions to potentially recover more funds that are currently lost due to difficulties in serving notices to out-of-state or inactive entities.

Summary

House Bill 1438 aims to amend the service of process regulations concerning domestic and foreign entities in Texas, particularly focusing on the context of collecting delinquent property taxes. The bill proposes changes to the Business Organizations Code and the Civil Practice and Remedies Code, allowing political subdivisions to serve process notices on corporations and limited liability companies that have forfeited their corporate privileges or have been involuntarily terminated. This is particularly relevant for those entities that are difficult to locate, enhancing the collection mechanisms for taxes owed.

Contention

The primary point of contention surrounding HB1438 may stem from concerns regarding the fairness and transparency of the service of process, particularly as it pertains to nonresident entities. Critics might argue that the amendments could lead to situations where corporations are unable to adequately respond to legal actions due to improper or insufficient notice. This could raise questions about due process rights for businesses operating in Texas, especially foreign entities that may not be familiar with the state's regulations.

Notable_points

Overall, HB1438 reflects a legislative effort to streamline tax collection practices while addressing the challenges posed by nonresidents and domestic entities that have forfeited their rights. By potentially broadening the definition of service of process and enhancing the legal grounds for collection actions, the bill seeks to bolster the financial resources of state and local governments in a climate where unpaid taxes can significantly impact public funding.