BILL ANALYSIS



S.B. 717
By: Patterson (Coleman)
4-26-95
Committee Report (Unamended)


BACKGROUND


The Alcoholic Beverage Code gives county judges the authority to
delegate their power for conducting beer or liquor administrative
hearings to someone else.  Currently, the judges cannot delegate
authority for signing these orders.  In very populous counties, it
is not always practical timewise for a county judge to personally
sign every administrative order.

PURPOSE

As proposed, S.B. 717 authorizes a county judge in counties with a
population greater than one million to delegate certain
responsibilities.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 81B, Local Government Code, by adding
Section 81.029, as follows:

     Sec. 81.029.  DELEGATION OF DUTIES OF A COUNTY JUDGE IN
     COUNTIES WITH POPULATION OF MORE THAN 1,000,000.  (a) 
     Provides that this section applies exclusively to a county
     judge in a county with a population of more than 1,000,000.
     
     (b)  Authorizes a county judge to file an order with the
       commissioners court of the county delegating to another
       county officer or a county employee the ability to sign
       orders or other official documents associated with the
       county judge's office.  Requires the delegating order to
       clearly indicate the types of orders or official documents
       that the officer or employee may sign on behalf of the
       county judge.
       
       (c)  Provides that an order or official document signed by
       a county officer or employee acting under the delegated
       authority of the county judge has the same effect as an
       order of the county judge.
       
       (d)  Authorizes the county judge to revoke the delegated
       authority or transfer it to a different county officer or
       employee by filing an order with the county commissioners
       court.
       
       SECTION 2.   Emergency clause.
           Effective date:  90 days after adjournment.



SUMMARY OF COMMITTEE ACTION

SB 717 was considered by the County Affairs Committee in a public
hearing on 4/26/95. SB 717 was reported favorably with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars by the record vote of 6
ayes, 0 nays, 0 pnv, 3 absent.