Local Government Code Sec. 243.007 says a county may require a permit, but doesn't specify who provides the application form & issues the permit. In comparison, Sec. 234.034, states the county issues slaughterhouse permits.

I've searched Texas commissioners court orders in this area & the few I've found online say the county issues the permits. I bring all this up because our commissioners court decided about 12 years ago to put all this on the sheriff & now that a SOB is threatening to open up, the sheriff isn't too happy about the extra responsibilities.

When we were faced with the same threat, I reminded our Sheriff that he / his department would be required to enforce the ordinance....so it made sense that permitting should come through him. He agreed...with noises about additional personnel!

Thanks, Lisa. Our sheriff usually likes the practical approach. I'll see if he still does.

We have gone the other way on this issue. The permit applications are available in our county judge's office, and we require consideration of the permit application in an open meeting of the commissioners court. We chose that route for a couple of reasons. First, it insulates the sheriff's department from responsibility (and asserted liability) for the quasi-judicial decisionmaking process; they can instead focus on enforcement. Second, as these inevitably become public relations circuses/fiascos, and though some are inclined to grandstand a bit, the glare of the camera lights generally keeps the pontification to a dull roar. Though our regulations currently don't require it, I would give some thought to requiring the applicant to personally appear at the hearing to share in the gumdrops and rainbows that can't help but accompany such events. It should go without saying that a commissioner (or sheriff, if you go that way) stands to benefit from a little pre-hearing woodshedding on First Amendment law and the need for some sort of rational basis beyond NIMBY for adverse action on the application or excessive haranguing of the applicant.