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 Notwithstanding Section 2-3 22.004, Government Code, this section may not be modified or 2-4 repealed by a rule adopted by the supreme court. 2-5 SECTION 2.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.