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.