74R12804 JD-D
By Wentworth S.B. No. 1366
Substitute the following for S.B. No. 1366:
By Longoria C.S.S.B. No. 1366
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the duties of the county tax assessor-collector and
1-3 county clerk.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Section 11.37, Alcoholic Beverage
1-6 Code, is amended to read as follows:
1-7 (a) The county clerk of the county in which an application
1-8 for a permit is made shall certify whether the location or address
1-9 given in the application is in a wet area and whether the sale of
1-10 alcoholic beverages for which the permit is sought is prohibited by
1-11 any valid order of the commissioners court. The county clerk may
1-12 delegate this duty in the same manner as provided by Section
1-13 61.313.
1-14 SECTION 2. Subchapter B, Chapter 61, Alcoholic Beverage
1-15 Code, is amended by adding Sections 61.313 and 61.314 to read as
1-16 follows:
1-17 Sec. 61.313. DELEGATION OF DUTIES OF COUNTY CLERK. (a) A
1-18 county clerk may file a written instrument with the commissioners
1-19 court of the county delegating to another county official the
1-20 duties imposed on the county clerk under this chapter.
1-21 (b) An action taken by a county officer acting under the
1-22 delegated authority of the county clerk has the same effect as an
1-23 action taken by the county clerk.
1-24 (c) During the period in which the written instrument is in
2-1 effect, the county clerk may withdraw the authority delegated and
2-2 the county clerk may perform a duty imposed by this chapter.
2-3 (d) The county clerk may at any time revoke the written
2-4 instrument.
2-5 Sec. 61.314. DELEGATION OF DUTIES OF TAX ASSESSOR-COLLECTOR.
2-6 (a) A tax assessor-collector may file a written instrument with
2-7 the commissioners court of the county delegating to another county
2-8 official the duties imposed on the tax assessor-collector under
2-9 this chapter.
2-10 (b) An action taken by a county officer acting under the
2-11 delegated authority of the tax assessor-collector has the same
2-12 effect as an action taken by the tax assessor-collector.
2-13 (c) During the period in which the written instrument is in
2-14 effect, the tax assessor-collector may withdraw the authority
2-15 delegated and the tax assessor-collector may perform a duty imposed
2-16 by this chapter.
2-17 (d) The tax assessor-collector may at any time revoke the
2-18 written instrument.
2-19 SECTION 3. Section 6.27, Tax Code, is amended to read as
2-20 follows:
2-21 Sec. 6.27. Compensation for Assessment and Collection. (a)
2-22 Except as provided by Subsection (b), the <(b) The> county
2-23 assessor-collector is entitled to a reasonable fee<, which may not
2-24 exceed the actual costs incurred,> for assessing and collecting
2-25 taxes for a taxing unit pursuant to Section 6.23(a)(1), (2), or (3)
2-26 <Subdivisions (1) through (3) of Subsection (a) of Section 6.23 of
2-27 this code>.
3-1 (b) The county assessor-collector for a county with a
3-2 population of 1.185 million or more is entitled to the fee approved
3-3 by the commissioners court of the county in which the county
3-4 assessor-collector holds office for assessing and collecting taxes
3-5 for a taxing unit pursuant to Section 6.23(a)(1), (2), or (3).
3-6 (c) Except as provided by Subsection (d), the <The> assessor
3-7 or collector for a taxing unit other than a county is entitled to
3-8 reasonable compensation<, which may not exceed the actual costs
3-9 incurred,> for assessing or collecting taxes for a taxing unit
3-10 pursuant to Section 6.23(b) <Subsection (b) of Section 6.23 of this
3-11 code>.
3-12 (d) The assessor or collector for a taxing unit other than a
3-13 county that is located in a county with a population of 1.185
3-14 million or more is entitled to compensation in the amount approved
3-15 by the governing body of the taxing unit that employs the assessor
3-16 or collector for assessing or collecting taxes for another taxing
3-17 unit pursuant to Section 6.23(b).
3-18 (e) To the extent of a conflict between this section and
3-19 Section 6.23, this section prevails.
3-20 SECTION 4. This Act takes effect immediately, except that
3-21 Section 3 of this Act takes effect September 1, 1995.
3-22 SECTION 5. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended,
3-27 and that this Act take effect and be in force according to its
4-1 terms, and it is so enacted.