BILL ANALYSIS

H.B. 1830

By: Naishtat

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

There is concern that the law does not adequately address the use of electronic communications by statutory probate court associate judges to communicate with the parties to a proceeding.  H.B. 1830 seeks to address this concern by enabling judges to communicate officially through electronic mail. 

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.

ANALYSIS

H.B. 1830 amends the Government Code, in provisions relating to an associate judge's report to a referring court, to include electronic mail as an authorized method of providing notice of the substance of an associate judge's report to parties participating in a hearing.  The bill establishes that there is a rebuttable presumption that notice is received on the date stated on a printout evidencing submission of an electronic mail message, if notice was provided by electronic mail, among other methods.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.