83R7134 CJC-D
By: Eiland H.B. No. 1904
A BILL TO BE ENTITLED
AN ACT
relating to the payment of an attorney ad litem appointed to
represent a defendant in a delinquent tax suit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.49, Tax Code, is amended to read as
follows:
Sec. 33.49. LIABILITY OF TAXING UNIT FOR COSTS. (a) Except
as provided by Subsection (b), a taxing unit is not liable in a suit
to collect taxes for court costs, including any fees for service of
process, [an attorney ad litem,] arbitration, or mediation, and may
not be required to post security for costs.
(b) A taxing unit shall pay attorney ad litem fees and the
cost of publishing citations, notices of sale, or other notices
from the unit's general fund as soon as practicable after receipt of
the attorney ad litem's or the publisher's claim for payment. The
taxing unit is entitled to reimbursement from other taxing units
that are parties to the suit for their proportionate share of the
attorney ad litem fees and publication costs on satisfaction of any
portion of the tax indebtedness before further distribution of the
proceeds. A taxing unit may not pay a word or line rate for
publication of citation or other required notice that exceeds the
rate the newspaper publishing the notice charges private entities
for similar classes of advertising.
SECTION 2. The change in law made by this Act applies only
to the payment of an attorney ad litem appointed to represent a
defendant in a delinquent tax suit on or after the effective date of
this Act. The payment of an attorney ad litem appointed to
represent a defendant in a delinquent tax suit before the effective
date of this Act is governed by the law in effect when the attorney
ad litem was appointed, and the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2013.