HBA-NRS H.B. 1989 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1989
By: Hamric
Licensing & Administrative Procedures
3/14/2001
Introduced



BACKGROUND AND PURPOSE 

The Texas Alcoholic Beverage Code allows a county judge to file an order
with the commissioners court of a county delegating to another county
officer the duty to hear applications for alcoholic beverage licenses, wine
and beer retailer's permits, and wine and beer retailer's off-premise
permits. A 1997 attorney general opinion stated that the judge of a
statutory county court is not "another county officer" to whom a county
judge may delegate authority to hear such applications, reasoning that a
county judge is acting in an administrative, rather than a judicial,
capacity in hearing such applications. The Government Code expressly states
that the judge of a statutory county court has no authority over the
county's administrative business that is performed by the county judge.
House Bill 1989 authorizes the delegation of the duty to hear applications
for alcoholic beverage licenses,  wine and beer retailer's permits, or wine
and beer retailer's off-premise permits to a judge of a statutory county
court. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1989 amends the Government and Alcoholic Beverage codes relating
to a judge of a statutory county court hearing certain applications. The
bill amends the Government Code to authorize a judge of a statutory county
court to be delegated the authority to hear applications for alcoholic
beverage licenses, wine and beer retailer's permits, or wine and beer
retailer's off-premise permits. 

EFFECTIVE DATE

September 1, 2001.