SB2443

Regular Session

Relating to electronic delivery of documents sent or received by the Texas Department of Licensing and Regulation.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Department of Licensing and Regulation (TDLR) • Texas Commission of Licensing and Regulation (TCLR)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: Contingent upon TCLR rulemaking; anticipate mandatory email verification and enrollment during the first license renewal cycle occurring after January 1, 2026.
Agency Rulemaking: The Texas Commission of Licensing and Regulation (TCLR) is required to adopt rules to operationalize this statute. A "regulatory gray zone" will exist between the effective date and final rule adoption regarding how "delivery failure" is handled.

Immediate Action Plan

1. Audit Current Records: Identify every email address currently on file with TDLR for all entity and individual licenses under your management.
2. Establish Centralized Inbox: Create a generic, monitored email address (e.g., `compliance@yourdomain.com`) to replace personal email addresses on all filings.
3. Update IT Whitelists: Configure email security gateways to ensure 100% deliverability from `tdlr.texas.gov`.
4. Monitor Rulemaking: Assign a team member to track TCLR agenda items regarding "electronic delivery rules" to submit comments regarding bounce-back protections.

Operational Changes Required

Contracts

Employment Agreements: Review contracts for employees who hold licenses required for your business operation (e.g., Master Electricians, HVAC technicians). You must mandate the use of a company-controlled email address for their TDLR contact information to ensure the business retains access to regulatory notices if the employee terminates.
Registered Agents: Review Third-Party Registered Agent agreements. Since TDLR may bypass the agent and email the licensee directly, clarify who holds the primary responsibility for monitoring the regulatory inbox.

Hiring/Training

IT Protocols: IT departments must whitelist the `tdlr.texas.gov` domain immediately. Spam filters catching a Notice of Alleged Violation (NOV) constitute a valid service of process under this law.
Staff Training: Administrative staff monitoring the designated inbox must be trained to recognize TDLR correspondence as formal legal service, requiring immediate escalation to Legal/Compliance rather than standard administrative handling.

Reporting & Record-Keeping

Dedicated Inbox: Abandon the use of individual employee email addresses (e.g., `jane.doe@company.com`) for licensing. Establish a permanent, multi-user distribution list (e.g., `licensing@company.com`) to serve as the official address of record.
Digital Chain of Custody: Implement archiving protocols for this inbox. In the event of a contested default judgment, server logs proving non-receipt will be your primary defense.

Fees & Costs

No Statutory Fees: There are no new fees associated with this filing.
Operational Costs: Minimal costs associated with IT configuration and email archiving storage.

Strategic Ambiguities & Considerations

Bounce-Back Protocols: The statute is silent on TDLR's obligation if an email returns a "delivery failure" notification. Rulemaking must determine if this triggers a fallback to certified mail or constitutes valid service regardless of technical failure.
Definition of "Delivery": It is currently undefined whether "electronic delivery" implies sending the full legal document as an attachment (a security risk) or a notification to log into a secure portal.
Service on Counsel: The law does not specify how electronic service interacts with a licensee’s retained counsel. We must monitor rules to ensure service is directed to the attorney of record once representation is established.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsElectronic Information Systems Occupational Regulation Occupational Regulation--health Occupations Occupational Regulation--other Trades & Professions Email & Electronic Communications Licensing & Regulation, Texas Department of Licensing & Regulation, Texas Commission of

Official Analysis

View HRO Analysis View All Bill Documents

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.

Senate Authors

Sen. Judith ZaffiriniDemocrat · Primary Author

House Sponsor

Rep. Dade PhelanRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 2443

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to electronic delivery of documents sent or received by
	the Texas Department of Licensing and Regulation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 51.207, Occupations Code, is amended by
	amending Subsection (c) and adding Subsection (d) to read as
	follows:
	(c) The commission by rule may require an applicant or[,]
	license holder[~~, or other person who regularly receives~~
	~~correspondence from the department~~] to provide an e-mail address to
	the department [~~for purposes of receiving correspondence~~]. An
	e-mail address used under this subsection is confidential and is
	not subject to disclosure under Chapter 552, Government Code.
	(d) Notwithstanding any other law, the commission by rule
	may provide that any correspondence sent or received by the
	department be delivered electronically, including any notice,
	order, or pleading required under Chapter 2001, Government Code,
	this chapter, or a law establishing a regulatory program
	administered by the department.
	SECTION 2. Sections 51.310(c) and 51.354(c), Occupations
	Code, are repealed.
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 9, 2025

TO:	Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB2443 by Zaffirini (Relating to electronic delivery of documents sent or received by the Texas Department of Licensing and Regulation.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any savings associated with the bill would be insignificant.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

452 Department of Licensing and Regulation

LBB Staff:

JMc, RStu, BFa

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Frequently Asked Questions

Common questions about SB2443

What does Texas SB2443 do?

SB2443 mandates a fundamental shift in how the Texas Department of Licensing and Regulation (TDLR) executes service of process, moving from certified mail to mandatory electronic delivery for all licensees. This legislation creates immediate procedural risk: failure to monitor the designated email address can result in a Default Order—revoking licenses and assessing penalties—without the physical "green card" receipt previously required to prove notice. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: Contingent upon TCLR rulemaking; anticipate mandatory email verification and enrollment during the first license renewal cycle occurring after January 1, 2026.

Who authored SB2443?

SB2443 was authored by Texas Senator Judith Zaffirini during the Regular Session.

When was SB2443 signed into law?

SB2443 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB2443?

SB2443 is enforced by Texas Department of Licensing and Regulation (TDLR) and Texas Commission of Licensing and Regulation (TCLR).

How urgent is compliance with SB2443?

The compliance urgency for SB2443 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB2443?

The cost impact of SB2443 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB2443 address?

SB2443 addresses topics including electronic information systems, occupational regulation, occupational regulation--health occupations, occupational regulation--other trades & professions and email & electronic communications.

Legislative data provided by LegiScanLast updated: November 25, 2025

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