HBA-ALS H.B. 1038 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1038
By: Cuellar
Civil Practices
2/26/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, there is a statutory presumption that a party or an
attorney is notified of an administrative hearing decision or order on the
date that the notice is mailed, although the party or attorney may not
receive actual notice until several days later.  H.B.1038 establishes a
statutory presumption that a party or attorney of record receives notice of
an administrative hearing or order on the third day after notice is mailed. 

RULEMAKING AUTHORITY

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2001.142(c), Government Code, to provide that a
party or attorney of record  notified by mail under Subsection (b) is
presumed to have been notified on the third day after the date that the
notice is mailed. 

SECTION 2.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.    Emergency clause.