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.