ORDER NO. 20044
STATE OF TEXAS
COUNTY OF KERB
BE IT REMEMBERED, at a regular meeting of the Commissioners'
Court of Kerr County, Texas, held on the 14th day of January,
1991, on motion made by Commissioner Lackey, seconded by
Commissioner Morgan, the following Court Order vas adopted:
WHEREAS, with the passage of SB 537, the County Judge may
file an order with the Commissioners' Court of the
County delegating to another county officer the
duty to hear alcoholic beverage permit and license
applications; and
WHEREAS, the County Judge of Kerr County has delegated this
to the County Clerk of Kerr County.
NOW BE ZT THEREFORE ORDERED, JUDGED AND DECREED that the Kerr
County Commissioners' Court recognizes the transfer of
alcoholic beverage permit and license applications to the
office of the County Clerk of Kerr County effective January
1, 1991.
DUNE IN OPEN COURT t`hi~s t'he 14th day of January 1991.
'mi'l ~/
W. G. Stacy, County Judge
R. Gordon Morg v T. Lacks
Comrnissioner, Precin t 1 Commissioner, P cinct 2
Glenn K. Holek Bruce Oehler I
Commissioner, Pr inc 3 Commissioner, Precinct 4
Recommended by: i
W. G. Stacy, ounty Judge
INTER-OFFICE COMMUNICATION
TEXAS ALCOHOLIC BEVERAGE COMNIISSION
DATE: September 29,19 39
All District Supervisors
t O. _.. ................... ............. _.... .. Div... .
Jeannene Fox, Director of Licenses & Permits Austif9~~`Cel
FnbM.
Senate Bill 537 1o111OeI
S U B I ECT: ... ......... .
I. This bill, which became effective in June, permits a county judge to delegate to
another county officer the authority to hear applications for licenses (including wine
and beer).
The bill amends Chapters 25, 26, and 61 of the Texas Alcoholic Beverage Code by
allowing the county judge to file an order with the Commissioner's Court delegating
another county officer the duty to hear applications as provided by Chapters 25 and
26.
As county officer is not defined in this legislation nor any other, any person
employe y e county who is given this duty by the county fudge and Commissioner's
Court will not De challenged by this agency.
II. A. Requirements
i. If Lhe county judge chooses to invoke this section, he must give the
Commissioner's Court in writing such notice of delegating the duties to
another county officer and state their name.
2. Licensing in Austin must receive a copy of such order as well as the
district office keeping a copy for their records.
B. Special Items
1. If, as in the situation in Dallas County, the county judge appoints
another county office holder such as the county clerk, each of the
deputy county clerks also have the same authority as the r_lerk. This
is due io existing provisions of the state statutes vrhich gives
deputy clerks the same duty, responsibilities and powers as the county
clerk.
2. If the county officer delegated this duty has a "seal of office", as
in the case of the county clerk, then an impression of that seal must
appear on the application in the appropriate area near the person's
signature.
3. If the county judge appoints a county officer. as in the case of
Ylalker county judge appointing his administrative assistant, which
office does not have a "seal of office," no seal is required.
4. If the judge changes the officer he previously appointed, a copy of
such notice to the Commissioner's Court must be sent to Austin.
5. IF the county judge revokes the authority in its entirety, a copy of
such revocation should be sent to Licensing.
6. If the county judge has appointed another officer, he may at any time decide
to hear a particular application.
Senate Hill 537 -2- September 29, 1989
Please note this law change applies only to beer and wine and leer applications. Th
waiver of notice required by Sec. 11.40 for liquor permits was not amended and stil
riust be signed by the county judge. Beer applications will be amended to reflect thi
change.
A good exampla of this procedure and court order is attached.
III. Licensing Procedures
When processing applications for beer licenses or permits, the application processor
must review the signature. If it is anyone other than the county judge, ensure w
have a copy of the order specifying another county officer with that authority.
County Judge's order will appear on amended forms as below:
COUNTY JUDGE'S ORDER
came to be heard the
On this the day of " ~A•O 1F9;` ~ .
foregoing application and k appeadng to the County Judge/Delegated County Officer that due and legal notice was given
as required by law; and after having heard the evidence and argtunent, k further appearing that the facts asset forth In the ,
,n
appiication,are ~andihaf.'' ~7awfuireasori`existstowatrantthe~denialthereof: , .,'
,,
it is ,therefore, the order and judgment of the Judge/Dele~gated~Counry Officer that'said application be'in aA things
approved subject to the payment otthe proper tees and the approval of the Texas Alcoholic Beverage Commission.
,.
v °~
S E A L
M .
~~ ~ TITLE
Jeannene Fox
JF/ jt ~ oaf 1(j.l p~(Ft ~~dAa/.
X06"MISSIONERS' COURT AGENDA REQUEST
q r n ~ ONE ORIGINAL AND SEVEN COPIES OF THIS REQUEST AND DOCUMENTS
~ BE REVIEW D B~TNE COURT.
MADE BY: W G Stacy
OFFICE: County Judae
MEETING DATE: Janu?*-v 14, 1991
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC): Deleaatina alcoholic beverage permit and license
o t~ of ~c~ of the County Clerk effective January 1, 1991 as per SB 537
ESTIMATED LENGTH OF PRESENTATION: 3 minutes
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: W G Stagy
Time for submltting this request for Court to assure that the matter b posted in
accordance with Article 6252-17 b as follows:
. Meetings held on second Monday: 12:00 P. M. previous Wednesday
• Meetings held on Thursdays: 5:00 P. M. prevlous Thursday.
It preferable, Agenda Requests may be made on office stationery with the above
Information attached.
THIS REQUEST RECEIVED BY: f
THIS REQUEST RECEIVED ON: %- S- `%~ ~ !e'+ ~ ~ "f ~ /~~
All Agenda Requests will be screened by the County Judge's Otfice to determine If
adequate information has been prepared for the Court's formal consideretion and action at
time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity.