SRC-JLB S.B. 604 78(R)BILL ANALYSIS


Senate Research CenterS.B. 604
By: Ellis, Rodney
Jurisprudence
5/29/2003
Enrolled


DIGEST AND PURPOSE 

Currently, taxpayers must bear the expense of collecting delinquent
obligations owed to a county. However, the attorney general is granted the
authority to collect costs and attorney fees when collecting delinquent
obligations owed to the state.  Some believe that taxpayers should not
have to bear the expense of collecting debts owed to the county.  S.B. 604
allows counties to collect from a debtor reasonable attorney fees,
investigative costs, and court costs incurred to recover debts. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 113.902, Local Government Code, as follows:

Sec.  113.902.  New heading:  PROSECUTION TO COLLECT DEBT OWED TO COUNTY;
RECOVERY OF ATTORNEY'S FEES AND COSTS.  (a) Creates this subsection from
existing text. 

(b) Authorizes the county attorney to recover reasonable attorney's fees
and investigative and court costs incurred on behalf of the county, in a
proceeding to recover a delinquent debt owed to the county, including a
delinquent account, loan, interest payment, tax, charge, fee, penalty, or
claim on a judgment. Authorizes the county attorney to recover the fees
and costs in the same manner as provided by law for a private litigant. 

(c)  Provides that this section does not apply to the recovery of a
delinquent ad valorem tax owed to the county. 

SECTION 2.  (a) Makes application of this Act prospective.

            (b) Effective date:  September 1, 2003.