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.