S.B. 604 78(R)    BILL ANALYSIS


S.B. 604
By: Ellis, Rodney
County Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 
Under current law, the taxpayers must bear the expense of collecting
delinquent obligations owed a county.  This is in contrast to the
authority granted the Attorney General to collect costs and attorney fees
when collecting delinquent obligations owed the State. 

SB 604 mirrors, for counties, the authority granted to the Attorney
General on behalf of the State. It allows counties to collect from a
debtor reasonable attorney fees, investigative costs, and court costs
incurred to recover the debt.  It also allows a county attorney, like the
Attorney General for the State, to retain for the county any attorney fees
collected.  The bill adds the term "fine" to the list of items considered
a delinquent debt and provides an exemption of ad valorem taxes from
collection by a county attorney.   

RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS
SECTION 1.  Senate Bill 604 amends Section 113.902 of the Local Government
Code to allow for recovery of delinquent debts, attorney's fees and
investigative costs and court costs by a county attorney.  The heading of
the Section is also changed to PROSECUTION TO COLLECT DEBT OWED TO COUNTY;
RECOVERY OF ATTORNEY'S FEES AND COSTS from existing text. The bill
provides that a county attorney may recover such attorney's fees and costs
for a delinquent debt owed to a county in the same manner provided by law
for a private litigant.  Under this bill, a delinquent debt includes a
delinquent account, loan, interest payment, tax (other than ad valorem),
charge, fee, fine, penalty, or claim on a judgment.   
       
SECTION 2.  Effective date:  September 1, 2003.  The provisions of the
bill apply to proceedings to recover a delinquent debt brought on or after
the effective date.  Proceedings brought before September 1, 2003 are
governed by the law in effect prior to that time. 

EFFECTIVE DATE
The Act takes effect September 1, 2003.