By: Blanco S.B. No. 542
(In the Senate - Filed January 20, 2023; February 17, 2023,
read first time and referred to Committee on Local Government;
April 6, 2023, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 6, 2023,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 542 By: Bettencourt
A BILL TO BE ENTITLED
AN ACT
relating to the delegation of certain authority of a county judge or
commissioners court in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 81.029(a), Local Government Code, is
amended to read as follows:
(a) This section applies only to a county judge in a county
that has a population of more than 800,000 and is located on the
international border, other than a county to which Section 81.0291
applies.
SECTION 2. Subchapter B, Chapter 81, Local Government Code,
is amended by adding Section 81.0291 to read as follows:
Sec. 81.0291. DELEGATION OF CERTAIN AUTHORITY OF COUNTY
JUDGE OR COMMISSIONERS COURT IN CERTAIN COUNTIES. (a) This section
applies only to a county that:
(1) has a population of more than 800,000;
(2) is located on the international border; and
(3) borders another state.
(b) A county judge may file an order with the commissioners
court of a county delegating to a county commissioner of the
commissioners court, a chief administrator, or another county
officer or employee the ability to sign orders or other official
documents associated with the county judge's office. The
delegating order must clearly indicate the types of orders or
official documents that the county commissioner, chief
administrator, officer, or employee may sign on behalf of the
county judge.
(c) A county judge may file a standing order of emergency
delegation of authority that clearly indicates the types of orders
or official documents that the county commissioner, chief
administrator, officer, or employee may sign on behalf of the
county judge in the event of an emergency or disaster.
(d) An order or official document signed by the county
commissioner, chief administrator, officer, or employee under the
delegated authority of the county judge under this section has the
same effect as an order of the county judge.
(e) The county judge may at any time revoke the delegated
authority or transfer the authority to a different county
commissioner, chief administrator, officer, or employee by filing
an order with the commissioners court.
(f) The commissioners court by order may delegate
managerial authority of the commissioners court to a county chief
administrator. The delegating order must clearly indicate the
specific managerial authority delegated to the administrator. By
subsequent order, the commissioners court may revoke or modify the
managerial authority delegated to the administrator.
SECTION 3. This Act takes effect September 1, 2023.
* * * * *