Office of House Bill AnalysisS.B. 286
By: Carona
County Affairs


Scheduling conflicts sometimes arise that prevent county judges from
holding hearings on applications for permits for mass gatherings.  The
Alcoholic Beverage Code authorizes a county judge to delegate the
responsibility of holding a hearing on an application for an alcohol
related license to another county officer. Senate Bill 286 amends the
Health and Safety Code to extend to a county judge the same power of
delegation for hearing on applications for permits for mass gatherings.   


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. 


Senate Bill 286 amends the Health and Safety Code to authorize the county
judge of a county to file an order with the commissioners court of the
county delegating to another county officer the duty to hear applications
for a permit for mass gatherings.  The bill provides that the order may
allow the county officer to revoke a permit if it is found that the
preparations for the mass gathering will not be complete by the time the
mass gathering will begin or that the permit was obtained by fraud or
misrepresentation.  The bill provides that an order of a county officer
acting under the delegated authority of the county judge in regard to a
permit has the same effect as an order of the county judge.  The bill
authorizes the county judge, during the period in which the order is in
effect, to withdraw the authority delegated in relation to an application
and the county judge may hear the application.  The bill authorizes the
county judge to revoke an order delegating duties at any time. 


On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.