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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment of an attorney ad litem appointed to |
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represent a defendant in a delinquent tax suit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.49, Tax Code, is amended to read as |
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follows: |
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Sec. 33.49. LIABILITY OF TAXING UNIT FOR COSTS. (a) Except |
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as provided by Subsection (b), a taxing unit is not liable in a suit |
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to collect taxes for court costs, including any fees for service of |
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process, [an attorney ad litem,] arbitration, or mediation, and may |
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not be required to post security for costs. |
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(b) A taxing unit shall pay attorney ad litem fees and the |
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cost of publishing citations, notices of sale, or other notices |
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from the unit's general fund as soon as practicable after receipt of |
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the attorney ad litem's or the publisher's claim for payment. The |
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taxing unit is entitled to reimbursement from other taxing units |
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that are parties to the suit for their proportionate share of the |
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attorney ad litem fees and publication costs on satisfaction of any |
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portion of the tax indebtedness before further distribution of the |
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proceeds. A taxing unit may not pay a word or line rate for |
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publication of citation or other required notice that exceeds the |
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rate the newspaper publishing the notice charges private entities |
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for similar classes of advertising. |
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SECTION 2. The change in law made by this Act applies only |
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to the payment of an attorney ad litem appointed to represent a |
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defendant in a delinquent tax suit on or after the effective date of |
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this Act. The payment of an attorney ad litem appointed to |
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represent a defendant in a delinquent tax suit before the effective |
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date of this Act is governed by the law in effect when the attorney |
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ad litem was appointed, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |