By: Thompson of Harris (Senate Sponsor - Zaffirini) H.B. No. 2710

(In the Senate - Received from the House May 13, 2015; May 14, 2015, read first time and referred to Committee on State Affairs; May 22, 2015, reported favorably by the following vote: Yeas 9, Nays 0; May 22, 2015, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to the duty of an attorney ad litem to locate and represent a defendant in a suit to collect a delinquent ad valorem tax.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 33, Tax Code, is amended by adding Section 33.475 to read as follows:

Sec. 33.475. ATTORNEY AD LITEM REPORT; APPROVAL OF FEES. (a) In a suit to collect a delinquent tax, an attorney ad litem appointed by a court to represent the interests of a defendant served with process by means of citation by publication or posting shall submit to the court a report describing the actions taken by the attorney ad litem to locate and represent the interests of the defendant.

(b) The court may not approve the fees of the attorney ad litem until the attorney ad litem submits the report required by this section and the court determines that the actions taken by the attorney ad litem as described in the report were sufficient to discharge the attorney's duties to the defendant.

SECTION 2. The changes in law made by this Act apply only to an attorney ad litem appointed to represent the interests of a defendant in a delinquent tax suit on or after the effective date of this Act. An attorney ad litem appointed to represent the interests of a defendant in a delinquent tax suit before the effective date of this Act is governed by the law in effect on the date the attorney was appointed, and the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2015.

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