HBA-ATS S.B. 211 76(R)BILL ANALYSIS


Office of House Bill AnalysisS.B. 211
By: Duncan
Civil Practices
3/26/1999
Engrossed



BACKGROUND AND PURPOSE 

Current statutory law creates a presumption that a party or attorney in a
contested case is notified by first class mail of a state agency's final
decision in an administrative hearing on the date on which the notice is
mailed.  Delays in mail delivery can result in a party or an attorney
receiving actual notification several days later, potentially affecting the
timeliness of an appeal.  S.B. 211 lengthens the period before it is
presumed a party or attorney received notice by establishing that a party
or attorney notified by first class mail is presumed to have been notified
on the third day after the date on which the notice is mailed, rather than
on the date on which the 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 Subsection (c), Section 2001.142, Government Code, to
provide that a party or attorney of record in a contested case notified by
first class mail of a state agency's final decision in an administrative
hearing is presumed to have been notified on the third day after the date
on which the notice is mailed, rather than on the date on which the notice
is mailed. 

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

SECTION 3.  Emergency clause.