S.B. No. 604




AN ACT
relating to the recovery of attorney's fees and certain costs in proceedings to recover delinquent debts owed to a county. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 113.902, Local Government Code, is amended to read as follows: Sec. 113.902. PROSECUTION TO COLLECT DEBT OWED TO COUNTY; RECOVERY OF ATTORNEY'S FEES AND COSTS. (a) The county treasurer shall direct prosecution for the recovery of any debt owed to the county, as provided by law, and shall supervise the collection of the debt. (b) In a proceeding to recover a delinquent debt owed to the county, including a delinquent account, loan, interest payment, tax, charge, fee, fine, penalty, or claim on a judgment, the county attorney may recover reasonable attorney's fees and investigative and court costs incurred on behalf of the county. The county attorney may recover the fees and costs in the same manner as provided by law for a private litigant. (c) This section does not apply to the recovery of a delinquent ad valorem tax owed to the county. SECTION 2. (a) The change in law made by this Act applies to a proceeding to recover a delinquent debt owed to a county that is brought on or after the effective date of this Act. A proceeding to recover a delinquent debt owed to a county that is brought before the effective date of this Act is governed by the law in effect before the effective date, and that law is continued in effect for that purpose. (b) This Act takes effect September 1, 2003.
______________________________ ______________________________ President of the Senate Speaker of the House
I hereby certify that S.B. No. 604 passed the Senate on May 1, 2003, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 604 passed the House on May 10, 2003, by a non-record vote. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor