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    2-4  repealed by a rule adopted by the supreme court.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.