H.B. 821 78(R)    BILL ANALYSIS


H.B. 821
By: Goodman
Juvenile Justice & Family Issues
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, Section 201.011, 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.  If notice is
given by certified mail, the associate judge must certify the date of
mailing of notice by certified mail.  Notice is considered given on the
third day after the date of mailing.   

H.B.821 adds that such notice of the associate judge's report may also be
given by facsimile transmission and 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 on
the signed return receipt of certified mail or the confirmation page of
the fax. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


SECTION BY SECTION ANALYSIS

Section 1.  Amends Section 201.011(c) by adding that notice may be given
to the parties by a facsimile transmission, and amends Section 201.011(d)
by adding that the associate judge shall certify the date of mailing of
notice by certified mail or the date of the facsimile transmission.  There
is a rebuttable presumption that notice is received on the date stated on
the signed return receipt, if notice was provided by certified mail, or
the confirmation page produced by a facsimile machine, if notice was
provided by the facsimile transmission.  

Section 2.   This Act takes effect September 1, 2003.

EFFECTIVE DATE

September 1, 2003.