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 * * * * *