Texas 2025 89th Regular

Texas Senate Bill SB2443 Analysis / Analysis

Filed 04/08/2025

                    BILL ANALYSIS        Senate Research Center   S.B. 2443     89R9620 GP-F   By: Zaffirini         Business & Commerce         4/8/2025         As Filed          AUTHOR'S / SPONSOR'S STATEMENT OF INTENT   Current law requires the Texas Department of Licensing and Regulation (TDLR) to send notices in contested cases via certified mail. It also limits TDLR's ability to deliver correspondence electronically and contains outdated or unclear language regarding the authority to require email addresses.  S.B. 2443 would allow TDLR to adopt rules for electronic delivery of any correspondence, including notices in contested cases. What's more, it would clarify that email addresses can be collected for purposes beyond just correspondence.  These changes would modernize the delivery of agency communications, making it more efficient for TDLR, applicants, and license holders.   As proposed, S.B. 2443 amends current law relating to electronic delivery of documents sent or received by the Texas Department of Licensing and Regulation.   RULEMAKING AUTHORITY   Rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 1 (Section 51.207, Occupations Code) of this bill.   Rulemaking authority previously granted to the Texas Commission of Licensing and Regulation is modified in SECTION 1 (Section 51.207, Occupations Code of this bill.   Rulemaking authority previously granted to the executive director of the Texas Commission of Licensing and Regulation is rescinded in SECTION 2 (Section 51.310, Occupations Code) of this bill.   SECTION BY SECTION ANALYSIS   SECTION 1. Amends Section 51.207, Occupations Code, by amending Subsection (c) and adding Subsection (d), as follows:   (c) Authorizes the Texas Commission of Licensing and Regulation (TCLR) by rule to require an applicant or license holder, rather than an applicant, license holder, or other person who regularly receives correspondence from the Texas Department of Licensing and Regulation (TDLR), to provide an e-mail address to TDLR, rather than to provide an e-mail address for purposes of receiving correspondence.    (d) Authorizes TCLR, notwithstanding any other law, by rule to provide that any correspondence sent or received by TDLR be delivered electronically, including any notice, order, or pleading required under Chapter 2001 (Administrative Procedure), Government Code, Chapter 51 (Texas Department of Licensing and Regulation), or a law establishing a regulatory program administered by TDLR.   SECTION 2. Repealers: Sections 51.310(c) (relating to requiring the executive director of TDLR (executive director) by rule to prescribe notice procedures for certain proceedings) and 51.354(c) (relating to requiring the executive director by rule to prescribe notice procedures for certain contested cases), Occupations Code.   SECTION 3. Effective date: September 1, 2025.  

BILL ANALYSIS

 

 

Senate Research Center S.B. 2443
89R9620 GP-F By: Zaffirini
 Business & Commerce
 4/8/2025
 As Filed

Senate Research Center

S.B. 2443

89R9620 GP-F

By: Zaffirini

 

Business & Commerce

 

4/8/2025

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law requires the Texas Department of Licensing and Regulation (TDLR) to send notices in contested cases via certified mail. It also limits TDLR's ability to deliver correspondence electronically and contains outdated or unclear language regarding the authority to require email addresses.

 S.B. 2443 would allow TDLR to adopt rules for electronic delivery of any correspondence, including notices in contested cases. What's more, it would clarify that email addresses can be collected for purposes beyond just correspondence.

 These changes would modernize the delivery of agency communications, making it more efficient for TDLR, applicants, and license holders.

 

As proposed, S.B. 2443 amends current law relating to electronic delivery of documents sent or received by the Texas Department of Licensing and Regulation.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 1 (Section 51.207, Occupations Code) of this bill.

 

Rulemaking authority previously granted to the Texas Commission of Licensing and Regulation is modified in SECTION 1 (Section 51.207, Occupations Code of this bill.

 

Rulemaking authority previously granted to the executive director of the Texas Commission of Licensing and Regulation is rescinded in SECTION 2 (Section 51.310, Occupations Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 51.207, Occupations Code, by amending Subsection (c) and adding Subsection (d), as follows:

 

(c) Authorizes the Texas Commission of Licensing and Regulation (TCLR) by rule to require an applicant or license holder, rather than an applicant, license holder, or other person who regularly receives correspondence from the Texas Department of Licensing and Regulation (TDLR), to provide an e-mail address to TDLR, rather than to provide an e-mail address for purposes of receiving correspondence. 

 

(d) Authorizes TCLR, notwithstanding any other law, by rule to provide that any correspondence sent or received by TDLR be delivered electronically, including any notice, order, or pleading required under Chapter 2001 (Administrative Procedure), Government Code, Chapter 51 (Texas Department of Licensing and Regulation), or a law establishing a regulatory program administered by TDLR.

 

SECTION 2. Repealers: Sections 51.310(c) (relating to requiring the executive director of TDLR (executive director) by rule to prescribe notice procedures for certain proceedings) and 51.354(c) (relating to requiring the executive director by rule to prescribe notice procedures for certain contested cases), Occupations Code.

 

SECTION 3. Effective date: September 1, 2025.