By: Heflin H.B. No. 848
73R3832 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a notary public to serve civil
1-3 process.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 406, Government Code, is
1-6 amended by adding Section 406.0165 to read as follows:
1-7 Sec. 406.0165. SERVICE OF PROCESS. (a) A notary public may
1-8 serve civil process issued by a district, county, or justice court
1-9 of this state. A notary public may not serve a writ of attachment,
1-10 writ of execution, or writ of sequestration.
1-11 (b) A notary public may not serve process under this section
1-12 if the notary public is a party to the suit or is interested in the
1-13 outcome of the suit.
1-14 (c) The return of a notary public executing a citation shall
1-15 be endorsed on or attached to the citation and must:
1-16 (1) state the date and time the citation was served
1-17 and the manner of service;
1-18 (2) be signed by the notary public in the name under
1-19 which the notary public is commissioned; and
1-20 (3) display the notary public's seal.
1-21 (d) A notary public may charge a fee for serving process
1-22 under this section in an amount agreed to by the party requesting
1-23 service and the notary public. The fee may be charged as a court
1-24 cost.
2-1 (e) To the extent of any conflict with the Texas Rules of
2-2 Civil Procedure, this section controls. Notwithstanding Section
2-3 22.004, Government Code, this section may not be modified or
2-4 repealed by a rule adopted by the supreme court.
2-5 SECTION 2. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended,
2-10 and that this Act take effect and be in force from and after its
2-11 passage, and it is so enacted.