1-1 AN ACT 1-2 relating to the civil liability of a county tax assessor-collector. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter A, Chapter 113, Local Government Code, 1-5 is amended by adding Section 113.009 to read as follows: 1-6 Sec. 113.009. CIVIL LIABILITY OF COUNTY TAX 1-7 ASSESSOR-COLLECTOR; AUDIT BY COMPTROLLER. (a) Unless an audit of 1-8 a county tax assessor-collector's office is conducted under 1-9 Subsection (b), a civil cause of action may not be commenced 1-10 against a county tax assessor-collector later than four (4) years 1-11 after the term of the tax assessor-collector ends as provided by 1-12 Subsection (d). 1-13 (b) The comptroller may conduct an audit of the books, 1-14 records, and accounts of a county tax assessor-collector's office 1-15 that relate to the assessor-collector's administration of public 1-16 funds during a term of office. The comptroller shall provide an 1-17 assessor-collector with notice of an audit under this subsection 1-18 not later than the first anniversary of the date the term of office 1-19 that is the subject of the audit ends. An audit must be completed 1-20 not later than the second anniversary of the date the term of 1-21 office that is the subject of the audit ends. 1-22 (c) If an audit is conducted under Subsection (b), a civil 1-23 action described by Subsection (a) may not be commenced later than 1-24 four (4) years after the date the audit conducted under Subsection 2-1 (b) is completed. 2-2 (d) For purposes of this section, a term of office of an 2-3 assessor-collector ends on: 2-4 (1) the date the term expires under law, whether or 2-5 not the assessor-collector serves during the succeeding term, for 2-6 an assessor-collector who is serving at the time the term expires; 2-7 or 2-8 (2) the date a successor takes office for an 2-9 assessor-collector who does not continue serving until the time the 2-10 term expires under law. 2-11 SECTION 2. The change in law made by this Act applies only 2-12 to a county tax assessor-collector serving on or after the 2-13 effective date of this Act. 2-14 SECTION 3. This Act takes effect September 1, 1999. 2-15 SECTION 4. The importance of this legislation and the 2-16 crowded condition of the calendars in both houses create an 2-17 emergency and an imperative public necessity that the 2-18 constitutional rule requiring bills to be read on three several 2-19 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 351 was passed by the House on May 12, 1999, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 351 was passed by the Senate on May 26, 1999, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor