By Denny H.B. No. 351
76R2378 DRH-D
A BILL TO BE ENTITLED
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 during the
1-9 assessor-collector's term of office is conducted under Subsection
1-10 (b), a county tax assessor-collector is not liable in any civil
1-11 cause of action commenced after the term of office ends for conduct
1-12 in administering public funds during the term of office.
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 the earlier of:
2-1 (1) the 90th day after the date the audit conducted
2-2 under Subsection (b) is completed; or
2-3 (2) the date imposed by any applicable statute of
2-4 limitations.
2-5 (d) For purposes of this section, a term of office of an
2-6 assessor-collector ends on:
2-7 (1) the date the term expires under law, whether or
2-8 not the assessor-collector serves during the succeeding term, for
2-9 an assessor-collector who is serving at the time the term expires;
2-10 or
2-11 (2) the date a successor takes office for an
2-12 assessor-collector who does not continue serving until the time the
2-13 term expires under law.
2-14 SECTION 2. The change in law made by this Act applies only
2-15 to a county tax assessor-collector serving on or after the
2-16 effective date of this Act.
2-17 SECTION 3. This Act takes effect September 1, 1999.
2-18 SECTION 4. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.