By: Goodman (Senate Sponsor - Harris) H.B. No. 821
(In the Senate - Received from the House March 31, 2003;
April 3, 2003, read first time and referred to Committee on
Jurisprudence; May 8, 2003, reported favorably by the following
vote: Yeas 6, Nays 0; May 8, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the methods of providing notice of an associate judge's
report in a suit affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 201.011(c) and (d), Family Code, are
amended to read as follows:
(c) Notice may be given to the parties:
(1) in open court, by an oral statement or a copy of
the associate judge's written report, including any proposed order;
[or]
(2) by certified mail, return receipt requested; or
(3) by facsimile transmission.
(d) 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:
(1) the signed return receipt, if notice was provided
by certified mail; or
(2) the confirmation page produced by the facsimile
machine, if notice was provided by facsimile transmission [Notice
is considered given on the third day after the date of mailing].
SECTION 2. This Act takes effect September 1, 2003.
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