By Denny H.B. No. 2864
75R5797 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the civil and criminal liability of a county tax
1-3 assessor-collector.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 113, Local Government Code,
1-6 is amended by adding Section 113.008 to read as follows:
1-7 Sec. 113.008. CIVIL AND CRIMINAL LIABILITY OF COUNTY TAX
1-8 ASSESSOR-COLLECTOR; AUDIT BY COMPTROLLER. (a) Unless an audit of
1-9 a county tax assessor-collector's office during the
1-10 assessor-collector's term of office is conducted under Subsection
1-11 (c), a county tax assessor-collector is not liable in any civil
1-12 cause of action commenced after the term of office ends for conduct
1-13 in administering public funds during the term of office.
1-14 (b) Unless an audit of a county tax assessor-collector's
1-15 office during the assessor-collector's term of office is conducted
1-16 under Subsection (c), a county tax assessor-collector may not be
1-17 charged after the term of office ends with any criminal offense
1-18 punishable as a misdemeanor for conduct in administering public
1-19 funds during the term of office.
1-20 (c) The comptroller may conduct an audit of the books,
1-21 records, and accounts of a county tax assessor-collector's office
1-22 that relate to the assessor-collector's administration of public
1-23 funds during a term of office. The comptroller shall provide an
1-24 assessor-collector with notice of an audit under this subsection
2-1 not later than the first anniversary of the date the term of office
2-2 that is the subject of the audit ends. An audit must be completed
2-3 not later than the second anniversary of the date the term of
2-4 office that is the subject of the audit ends.
2-5 (d) If an audit is conducted under Subsection (c), a civil
2-6 action described by Subsection (a) or a criminal action described
2-7 by Subsection (b) may not be commenced later than the earlier of:
2-8 (1) the 90th day after the date the audit conducted
2-9 under Subsection (c) is completed; or
2-10 (2) the date imposed by any applicable statute of
2-11 limitations.
2-12 (e) For purposes of this section, a term of office of an
2-13 assessor-collector ends on:
2-14 (1) the date the term expires under law, whether or
2-15 not the assessor-collector serves during the succeeding term, for
2-16 an assessor-collector who is serving at the time the term expires;
2-17 or
2-18 (2) the date a successor takes office for an
2-19 assessor-collector who does not continue serving until the time the
2-20 term expires under law.
2-21 SECTION 2. The change in law made by this Act applies only
2-22 to a county tax assessor-collector serving on or after the
2-23 effective date of this Act.
2-24 SECTION 3. This Act takes effect September 1, 1997.
2-25 SECTION 4. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.