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