HBA-ATS S.B. 211 76(R)BILL ANALYSIS Office of House Bill AnalysisS.B. 211 By: Duncan Civil Practices 3/26/1999 Engrossed BACKGROUND AND PURPOSE Current statutory law creates a presumption that a party or attorney in a contested case is notified by first class mail of a state agency's final decision in an administrative hearing on the date on which the notice is mailed. Delays in mail delivery can result in a party or an attorney receiving actual notification several days later, potentially affecting the timeliness of an appeal. S.B. 211 lengthens the period before it is presumed a party or attorney received notice by establishing that a party or attorney notified by first class mail is presumed to have been notified on the third day after the date on which the notice is mailed, rather than on the date on which the notice is mailed. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subsection (c), Section 2001.142, Government Code, to provide that a party or attorney of record in a contested case notified by first class mail of a state agency's final decision in an administrative hearing is presumed to have been notified on the third day after the date on which the notice is mailed, rather than on the date on which the notice is mailed. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.