SRC-JLB, AMY, S.B. 919 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 919
78R3834 JD-DBy: Whitmire
Government Organization
4/5/2003
As Filed


DIGEST AND PURPOSE 

Currently, Texas law does not authorize an agency fulfilling a request
under the Open Records Act to use a common or contract carrier, such as
FedEx.  As proposed, S.B. 919 provides that when fulfilling a document
request, it is considered to be met in a timely fashion if the document is
sent to the person by first class United States mail or common or contract
carrier with satisfactory proof that it was deposited in the mail or with
a common or contract carrier within the required time period. 

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 the heading to Section 552.308, Government Code, to
read as follows: 
 
Sec. 552.308.  New heading:  TIMELINESS OF ACTION BY UNITED STATES MAIL,
INTERAGENCY MAIL, OR COMMON OR CONTRACT CARRIER. 

SECTION 2.  Amends Section 552.308(a), Government Code, to provide that
when this subchapter 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. 

SECTION 3.  Effective date:  upon passage or September 1, 2003.