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                               * * * * *