S.B. 919 78(R)    BILL ANALYSIS


S.B. 919
By: Whitmire
State Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, Texas law does not expressly authorize a governmental body to
use a common or contract carrier such as Federal Express or United Parcel
Service when submitting a request, notice, or other document required by
Subchapter G (Attorney General Decisions) of the Public Information Act. A
substantial portion of correspondence is now handled by these carriers.
The purpose of Senate Bill 919 is to modernize the law in a manner that
will permit such methods of delivery. 

RULEMAKING AUTHORITY

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

ANALYSIS

Senate Bill 919 amends Section 552.308(a), Government Code, to provide
that when Subchapter G of Chapter 552 (Attorney General Decisions)
requires a request, notice, or other document to be submitted or otherwise
given to a person within a specified period, the requirement is met in a
timely fashion if: 

_the document is sent to the person by first class United States mail or
common or contract carrier properly addressed with postage or handling
charges prepaid; and 

_it bears a post office cancellation mark or a receipt mark of a common or
contract carrier indicating a time within that period; or 

_ the person required to submit or otherwise give the document furnishes
satisfactory proof that it was deposited in the mail or with a common or
contract carrier within that period. 

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.