By Janek H.B. No. 3030
76R7131 GJH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the selection of an attorney to represent certain
1-3 taxing units in enforcing the collection of delinquent ad valorem
1-4 taxes.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 6.30(b) and (c), Tax Code, are amended
1-7 to read as follows:
1-8 (b) Except as provided by Subsection (c), the [The]
1-9 governing body of a taxing unit other than a county may determine
1-10 who represents the unit to enforce the collection of delinquent
1-11 taxes. If a taxing unit collects taxes for another taxing unit,
1-12 the attorney representing the unit to enforce the collection of
1-13 delinquent taxes may represent the other unit with consent of its
1-14 governing body.
1-15 (c) If a county with a population of more than 2.8 million
1-16 collects taxes for another taxing unit, the attorney representing
1-17 the county to enforce the collection of delinquent taxes shall
1-18 represent the other unit to enforce the collection of the unit's
1-19 delinquent taxes. Unless the attorney and the governing body of
1-20 the other taxing unit agree otherwise, the terms of the contract
1-21 between the county and the attorney apply to the attorney's
1-22 enforcement of the collection of delinquent taxes for the other
1-23 unit.
1-24 (d) Except as provided by Subsection (c), the [The]
2-1 governing body of a taxing unit may contract with any competent
2-2 attorney to represent the unit to enforce the collection of
2-3 delinquent taxes. The attorney's compensation is set in the
2-4 contract, but the total amount of compensation provided may not
2-5 exceed 20 percent of the amount of delinquent tax, penalty, and
2-6 interest collected.
2-7 SECTION 2. This Act takes effect September 1, 1999, and
2-8 applies only to a contract between a taxing unit and an attorney to
2-9 enforce the collection of delinquent ad valorem taxes that is
2-10 entered into on or after that date. A contract between a taxing
2-11 unit and an attorney to enforce the collection of delinquent ad
2-12 valorem taxes that was entered into before that date is governed by
2-13 the law in effect on the date the contract was entered into, and
2-14 that law is continued in effect for that purpose.
2-15 SECTION 3. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.