1-1 By: Denny (Senate Sponsor - Ellis) H.B. No. 351 1-2 (In the Senate - Received from the House May 13, 1999; 1-3 May 13, 1999, read first time and referred to Committee on 1-4 Jurisprudence; May 14, 1999, reported favorably by the following 1-5 vote: Yeas 3, Nays 0; May 14, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the civil liability of a county tax assessor-collector. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Subchapter A, Chapter 113, Local Government Code, 1-11 is amended by adding Section 113.009 to read as follows: 1-12 Sec. 113.009. CIVIL LIABILITY OF COUNTY TAX 1-13 ASSESSOR-COLLECTOR; AUDIT BY COMPTROLLER. (a) Unless an audit of 1-14 a county tax assessor-collector's office is conducted under 1-15 Subsection (b), a civil cause of action may not be commenced 1-16 against a county tax assessor-collector later than four (4) years 1-17 after the term of the tax assessor-collector ends as provided by 1-18 Subsection (d). 1-19 (b) The comptroller may conduct an audit of the books, 1-20 records, and accounts of a county tax assessor-collector's office 1-21 that relate to the assessor-collector's administration of public 1-22 funds during a term of office. The comptroller shall provide an 1-23 assessor-collector with notice of an audit under this subsection 1-24 not later than the first anniversary of the date the term of office 1-25 that is the subject of the audit ends. An audit must be completed 1-26 not later than the second anniversary of the date the term of 1-27 office that is the subject of the audit ends. 1-28 (c) If an audit is conducted under Subsection (b), a civil 1-29 action described by Subsection (a) may not be commenced later than 1-30 four (4) years after the date the audit conducted under Subsection 1-31 (b) is completed. 1-32 (d) For purposes of this section, a term of office of an 1-33 assessor-collector ends on: 1-34 (1) the date the term expires under law, whether or 1-35 not the assessor-collector serves during the succeeding term, for 1-36 an assessor-collector who is serving at the time the term expires; 1-37 or 1-38 (2) the date a successor takes office for an 1-39 assessor-collector who does not continue serving until the time the 1-40 term expires under law. 1-41 SECTION 2. The change in law made by this Act applies only 1-42 to a county tax assessor-collector serving on or after the 1-43 effective date of this Act. 1-44 SECTION 3. This Act takes effect September 1, 1999. 1-45 SECTION 4. The importance of this legislation and the 1-46 crowded condition of the calendars in both houses create an 1-47 emergency and an imperative public necessity that the 1-48 constitutional rule requiring bills to be read on three several 1-49 days in each house be suspended, and this rule is hereby suspended. 1-50 * * * * *