SRC-JLB H.B. 821 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 821
78R441 MCK-DBy: Goodman (Harris)
Jurisprudence
5/5/2003
Engrossed


DIGEST AND PURPOSE 

Currently, the Texas Family Code provides that an associate judge must
provide the parties participating in the hearing notice of the substance
of the associate judge's report.  It states that notice may be given to
the parties in open court, by an oral statement or a copy of the associate
judge's written report, including any proposed order, or it may be sent by
certified mail with a return receipt requested.  H.B.821 authorizes notice
of the associate judge's report to also be given by facsimile transmission
and provides that, if notice is done by fax, the associate judge must
certify the date of the facsimile transmission.  This bill also provides
that if notice is sent by certified mail or fax there is a rebuttable
presumption that notice is received on the date stated on the signed
return receipt of certified mail or on the confirmation page of the fax. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 201.011(c) and (d), Family Code, as follows:

(c)  Authorizes notice to be given to parties in a certain manner,
including by facsimile transmission. 
 
(d)  Requires the associate judge to certify the date of mailing of notice
by certified mail or the date of the facsimile transmission.  Provides
that there is a rebuttable presumption that notice is received on the date
stated on a certain form. 

SECTION 2.  Effective date:  September 1, 2003.