BILL ANALYSIS


                                                        S.B. 1366
                                                    By: Wentworth
                                      Intergovernmental Relations
                                                         03-30-95
                                     Committee Report (Unamended)
BACKGROUND

Currently, neither the county clerk nor the county tax assessor-collector may delegate their duties to another county officer. 
This often results in a duplicative and time-consuming process for
application and approval of the various permits and licenses issued
by both offices.

PURPOSE

As proposed, S.B. 1366 authorizes a tax assessor-collector and
county clerk to delegate duties in certain circumstances.

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 Section 11.37(a), Alcoholic Beverage Code, to
authorize a county clerk to delegate the duty of certifying certain
information given in an application for a permit in the same manner
as provided by Section 61.313.

SECTION 2. Chapter 61B, Alcoholic Beverage Code, by adding Sections
61.313 and 61.314, as follows:

     Sec. 61.313.  DELEGATION OF DUTIES OF COUNTY CLERK.  (a) 
     Authorizes a county clerk to file a written instrument with
     the commissioners court of the county delegating to another
     county official the duties imposed on the county clerk under
     this chapter.
     
     (b)  Provides that an action taken by a county officer
       acting under the delegated authority of the county clerk has
       the same effect as an action taken by the county clerk.
       
       (c)  Authorizes a county clerk to withdraw the authority
       delegated and to perform a duty imposed by this chapter
       during the period in which the written instrument is in
       effect.
       
       (d)  Authorizes the county clerk to revoke the written
       instrument at any time.
       
       Sec. 61.314.  DELEGATION OF DUTIES OF TAX ASSESSOR-COLLECTOR. 
     (a)  Authorizes a tax assessor-collector to file a written
     instrument with the commissioners court of the county
     delegating to another county official the duties imposed on
     the tax assessor-collector.
     
     (b)  Provides that an action taken by a county officer
       acting under the delegated authority of the tax assessor-collector has the same effect as an action taken by the tax
       assessor-collector.
       
       (c)  Authorizes the tax assessor-collector to withdraw the
       authority delegated and to perform a duty imposed by this
       chapter during the period in which the written instrument is
       in effect.
       
       (d)  Authorizes a tax assessor-collector to revoke the
       written instrument at any time.
       
       SECTION 3.   Emergency clause.
           Effective date: upon passage.