| 1 | 1 | | 83R7134 CJC-D |
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| 2 | 2 | | By: Eiland H.B. No. 1904 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the payment of an attorney ad litem appointed to |
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| 8 | 8 | | represent a defendant in a delinquent tax suit. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 33.49, Tax Code, is amended to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | Sec. 33.49. LIABILITY OF TAXING UNIT FOR COSTS. (a) Except |
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| 13 | 13 | | as provided by Subsection (b), a taxing unit is not liable in a suit |
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| 14 | 14 | | to collect taxes for court costs, including any fees for service of |
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| 15 | 15 | | process, [an attorney ad litem,] arbitration, or mediation, and may |
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| 16 | 16 | | not be required to post security for costs. |
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| 17 | 17 | | (b) A taxing unit shall pay attorney ad litem fees and the |
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| 18 | 18 | | cost of publishing citations, notices of sale, or other notices |
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| 19 | 19 | | from the unit's general fund as soon as practicable after receipt of |
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| 20 | 20 | | the attorney ad litem's or the publisher's claim for payment. The |
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| 21 | 21 | | taxing unit is entitled to reimbursement from other taxing units |
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| 22 | 22 | | that are parties to the suit for their proportionate share of the |
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| 23 | 23 | | attorney ad litem fees and publication costs on satisfaction of any |
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| 24 | 24 | | portion of the tax indebtedness before further distribution of the |
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| 25 | 25 | | proceeds. A taxing unit may not pay a word or line rate for |
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| 26 | 26 | | publication of citation or other required notice that exceeds the |
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| 27 | 27 | | rate the newspaper publishing the notice charges private entities |
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| 28 | 28 | | for similar classes of advertising. |
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| 29 | 29 | | SECTION 2. The change in law made by this Act applies only |
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| 30 | 30 | | to the payment of an attorney ad litem appointed to represent a |
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| 31 | 31 | | defendant in a delinquent tax suit on or after the effective date of |
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| 32 | 32 | | this Act. The payment of an attorney ad litem appointed to |
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| 33 | 33 | | represent a defendant in a delinquent tax suit before the effective |
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| 34 | 34 | | date of this Act is governed by the law in effect when the attorney |
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| 35 | 35 | | ad litem was appointed, and the former law is continued in effect |
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| 36 | 36 | | for that purpose. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2013. |
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