Bill Text: TX SB1116 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to a notice or document sent by mail or electronic mail by a court, justice, judge, magistrate, or clerk of a judicial court.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-05-29 - Effective on 9/1/15 [SB1116 Detail]
Download: Texas-2015-SB1116-Enrolled.html
S.B. No. 1116 |
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relating to a notice or document sent by mail or electronic mail by | ||
a court, justice, judge, magistrate, or clerk of a judicial court. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle F, Title 2, Government Code, is amended | ||
by adding Chapter 80 to read as follows: | ||
CHAPTER 80. DELIVERY OF NOTICE AND DOCUMENTS | ||
Sec. 80.001. DELIVERY OF NOTICE OR DOCUMENT. A court, | ||
justice, judge, magistrate, or clerk may send any notice or | ||
document by a method authorized by Section 80.002. | ||
Sec. 80.002. AUTHORIZED DELIVERY OF NOTICE OR DOCUMENT. A | ||
court, justice, judge, magistrate, or clerk may send any notice or | ||
document using mail or electronic mail. This section applies to all | ||
civil and criminal statutes requiring delivery of a notice or | ||
document. | ||
Sec. 80.003. ELECTRONIC MAIL ADDRESS. (a) If electronic | ||
mail is used to send a notice or document and the person who will | ||
receive the notice or document is registered with the electronic | ||
filing system established under Section 72.031, as added by Chapter | ||
1290 (H.B. 2302), Acts of the 83rd Legislature, Regular Session, | ||
2013, the court, justice, judge, magistrate, or clerk sending the | ||
notice or document must use the electronic mail address on file with | ||
the electronic filing system, if the court uses the electronic | ||
filing system. | ||
(b) If electronic mail is used to send a notice or document | ||
and the person who will receive the notice or document is not | ||
registered with the electronic filing system established under | ||
Section 72.031, as added by Chapter 1290 (H.B. 2302), Acts of the | ||
83rd Legislature, Regular Session, 2013, or the court does not use | ||
the electronic filing system, the court, justice, judge, | ||
magistrate, or clerk must use the electronic mail address provided | ||
by the person. | ||
Sec. 80.004. MAIL. (a) The definition of mail in this | ||
chapter includes: | ||
(1) first-class mail; | ||
(2) first-class United States mail; | ||
(3) ordinary or regular mail; and | ||
(4) international first-class mail. | ||
(b) The definition of mail in this chapter does not include: | ||
(1) any form of mail that requires proof of delivery; | ||
(2) certified mail; | ||
(3) certified mail or a comparable mailing method that | ||
provides proof of delivery; | ||
(4) certified mail, restricted delivery; | ||
(5) certified mail, return receipt requested; | ||
(6) delivery by the United States Postal Service using | ||
a signature confirmation service; | ||
(7) documents delivered by common or contract | ||
carriers, including Federal Express or United Parcel Service; | ||
(8) express mail offered by the United States Postal | ||
Service; | ||
(9) first-class mail, return receipt requested; | ||
(10) freight mail; | ||
(11) interagency mail; | ||
(12) international registered mail, return receipt | ||
requested; | ||
(13) mail, return receipt requested; | ||
(14) personal service or hand delivery; | ||
(15) prepaid registered mail; | ||
(16) registered mail; | ||
(17) registered mail, return receipt requested; and | ||
(18) certified or registered mail, restricted | ||
delivery, return receipt requested. | ||
Sec. 80.005. ELECTRONIC MAIL. (a) Authorized methods of | ||
delivering a notice or document by electronic mail include: | ||
(1) electronic notice sent through the electronic | ||
filing system under Section 72.031, as added by Chapter 1290 (H.B. | ||
2302), Acts of the 83rd Legislature, Regular Session, 2013; | ||
(2) electronic notice; | ||
(3) electronic mail messages; | ||
(4) e-mail; and | ||
(5) secure electronic mail. | ||
(b) Authorized methods of delivering a notice or document by | ||
electronic mail do not include: | ||
(1) facsimiles; | ||
(2) instant messaging; | ||
(3) messages on a social network website, including | ||
Facebook and Twitter; | ||
(4) telegraphs; | ||
(5) telephone messages; | ||
(6) text messages; | ||
(7) videoconferencing; | ||
(8) voice messages; or | ||
(9) webcams. | ||
SECTION 2. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1116 passed the Senate on | ||
April 30, 2015, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1116 passed the House on | ||
May 15, 2015, by the following vote: Yeas 138, Nays 1, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |