1-1 By: Wentworth S.B. No. 1366
1-2 (In the Senate - Filed March 13, 1995; March 20, 1995, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; March 30, 1995, reported favorably by the following
1-5 vote: Yeas 10, Nays 0; March 30, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to delegation of duties of the tax assessor-collector and
1-9 county clerk in certain circumstances.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (a), Section 11.37, Alcoholic Beverage
1-12 Code, is amended to read as follows:
1-13 (a) The county clerk of the county in which an application
1-14 for a permit is made shall certify whether the location or address
1-15 given in the application is in a wet area and whether the sale of
1-16 alcoholic beverages for which the permit is sought is prohibited by
1-17 any valid order of the commissioners court. The county clerk may
1-18 delegate this duty in the same manner as provided by Section
1-19 61.313.
1-20 SECTION 2. Subchapter B, Chapter 61, Alcoholic Beverage
1-21 Code, is amended by adding Sections 61.313 and 61.314 to read as
1-22 follows:
1-23 Sec. 61.313. DELEGATION OF DUTIES OF COUNTY CLERK. (a) A
1-24 county clerk may file a written instrument with the commissioners
1-25 court of the county delegating to another county official the
1-26 duties imposed on the county clerk under this chapter.
1-27 (b) An action taken by a county officer acting under the
1-28 delegated authority of the county clerk has the same effect as an
1-29 action taken by the county clerk.
1-30 (c) During the period in which the written instrument is in
1-31 effect, the county clerk may withdraw the authority delegated and
1-32 the county clerk may perform a duty imposed by this chapter.
1-33 (d) The county clerk may at any time revoke the written
1-34 instrument.
1-35 Sec. 61.314. DELEGATION OF DUTIES OF TAX ASSESSOR-COLLECTOR.
1-36 (a) A tax assessor-collector may file a written instrument with
1-37 the commissioners court of the county delegating to another county
1-38 official the duties imposed on the tax assessor-collector under
1-39 this chapter.
1-40 (b) An action taken by a county officer acting under the
1-41 delegated authority of the tax assessor-collector has the same
1-42 effect as an action taken by the tax assessor-collector.
1-43 (c) During the period in which the written instrument is in
1-44 effect, the tax assessor-collector may withdraw the authority
1-45 delegated and the tax assessor-collector may perform a duty imposed
1-46 by this chapter.
1-47 (d) The tax assessor-collector may at any time revoke the
1-48 written instrument.
1-49 SECTION 3. The importance of this legislation and the
1-50 crowded condition of the calendars in both houses create an
1-51 emergency and an imperative public necessity that the
1-52 constitutional rule requiring bills to be read on three several
1-53 days in each house be suspended, and this rule is hereby suspended,
1-54 and that this Act take effect and be in force from and after its
1-55 passage, and it is so enacted.
1-56 * * * * *