78R3834 JD-D

By:  Whitmire                                                     S.B. No. 919



A BILL TO BE ENTITLED

AN ACT

relating to the kinds of mail service that may be used under the 
public information law to send a notice or any other document to a 
person.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Section 552.308, Government Code, 
is amended to read as follows:
	Sec. 552.308.  TIMELINESS OF ACTION BY UNITED STATES MAIL,
[OR] INTERAGENCY MAIL, OR COMMON OR CONTRACT CARRIER.
	SECTION 2.  Section 552.308(a), Government Code, is amended 
to read as follows:
	(a)  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:
		(1)  it bears a post office cancellation mark or a 
receipt mark of a common or contract carrier indicating a time 
within that period; or
		(2)  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.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.