By Gallego                                            H.B. No. 1595
       74R3062 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to substitute service of process in forfeiture proceedings
    1-3  arising out of certain criminal cases.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 59, Code of Criminal Procedure, is
    1-6  amended by adding Article 59.12 to read as follows:
    1-7        Art. 59.12.  SUBSTITUTE SERVICE.  (a)  A surety who enters a
    1-8  bail bond under Chapter 17 of this code with a person charged with
    1-9  a felony giving rise to a forfeiture proceeding under this chapter
   1-10  is the agent of that person for service of process required by this
   1-11  chapter.
   1-12        (b)  If a person on whom service of process is required by
   1-13  this chapter cannot be found, service of process may be
   1-14  accomplished by serving the surety described by Subsection (a) of
   1-15  this article.  The officer making the return of the unexecuted
   1-16  process shall certify that after diligent search and inquiry the
   1-17  person cannot be found and served.
   1-18        SECTION 2.  This Act takes effect September 1, 1995, and
   1-19  makes a surety an agent for service of process for a defendant in a
   1-20  forfeiture proceeding under Chapter 59, Code of Criminal Procedure,
   1-21  only if the surety enters a bond for the defendant on or after that
   1-22  date.
   1-23        SECTION 3.  The importance of this legislation and the
   1-24  crowded condition of the calendars in both houses create an
    2-1  emergency and an imperative public necessity that the
    2-2  constitutional rule requiring bills to be read on three several
    2-3  days in each house be suspended, and this rule is hereby suspended.