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.