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


Office of House Bill AnalysisH.B. 1989
By: Hamric
Licensing & Administrative Procedures
7/19/2001
Enrolled



BACKGROUND AND PURPOSE 

The 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 stated that the judge of a
statutory county court had  no authority over the county's administrative
business 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.