SRC-VRA S.B. 714 78(R) BILL ANALYSIS Senate Research Center S.B. 714 78R339 JD-DBy: Lindsay Jurisprudence 3/10/2003 As Filed DIGEST AND PURPOSE Currently, taxing units are not liable for attorney ad litem fees. An attorney ad litem must always be appointed when the defendant in a delinquent tax unit is served by posting or publication. Certain questions have arisen concerning the constitutionality and conflicts of interest regarding a defendant's right to due process or equal protection. As proposed, S.B. 714 would enable an attorney ad litem to be paid regardless of whether the taxing unit got a recovery. 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 33.49, Tax Code, by amending Subsection (a) and adding Subsection (c), as follows: (a) Makes a conforming change related to the addition of Subsection (c). (c) Provides that a taxing unit is liable for reasonable attorney ad litem fees approved by the court if certain criteria are met. SECTION 2. Effective date: September 1, 2003 Makes application of this Act prospective.