Section 61.312(a) of the Texas Alcoholic Beverage Code authorizes the County Judge to delegate the duty to hear applications for beer licenses to another county official. However, it specifically applies to duties under Chapter 61 of the Alcoholic Beverage Code.

Along comes House Bill 1959 in the 82nd Regular Session which is effective September 1st. The bill gives applicants for alcoholic beverage permits (hard liquor) and licenses (beer and wine) the authority to submit a written request to the County Judge for a hearing, which must be granted within 30 days of receipt, if a county clerk or city secretary certifies that the area for which the application is sought is dry for the type of permit or license sought. This will add a layer of administrative appeal for beer and wine licenses, but they can still be heard by another county official to whom the county judge has delegated that duty under 61.312(a).

However, applications for alcoholic beverage permits (hard liquor) are dealt with in Chapter 11 of the Alcoholic Beverage Code. There is no authority in Chapter 11 for the county judge to delegate the duty to conduct those hearings, and make the decisions, to another county official. Historically, county judges did not get involved with alcoholic beverage permits for hard liquor. Now, they are involved and it appears they cannot delegate that authority to another county official.

Question: Would it be lawful, and binding, if all the parties (e.g. the applicant for the alcoholic beverage permit, the clerk, and any protesters) agreed in writing to have the hearing conducted by another county official who then would produce an order which would be presented to the county judge for approval or rejection? The other county official would essentially be a master. I do not know if this procedure is workable, but I am hoping to receive your collective wisdom.

By the way, this was not a bracketed bill; everyone gets to play regardless of population.

[This message was edited by Ben Stool on 08-03-11 at .]