SRC-SLL S.B. 1200 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1200
By: Lucio
State Affairs
4-14-97
As Filed


DIGEST 

Currently, the law does not regulate private process servers.  This bill
will provide regulations for private process servers and penalties. 

PURPOSE

As proposed, S.B. 1200  provides regulations for private process servers
and penalties. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of licensing and
regulation in SECTION 1 (Section 8, Article 9035, V.T.C.S.) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 20, Title 132, V.T.C.S., by adding Article 9035,
as follows: 

Art. 9035.  PRIVATE PROCESS SERVERS

Sec.  1.  DEFINITIONS.  Defines "civil court," "civil process,"
"commission," "commissioner," "constable," "department," "license holder,"
"person," "registered agent," and "sheriff." 

Sec.  2.  LICENSE OR REGISTRATION REQUIRED.  Prohibits a person from
serving civil process in this state unless the person is licensed or
registered under this article.  Authorizes certain persons to serve
outside this state a civil process issued by a civil court of this state,
but must have the return of service acknowledged by an officer authorized
to administer oaths in the jurisdiction in which the civil process was
served. 

Sec.  3.  EXEMPTION.  Sets forth exemptions to this article.

Sec.  4.  LICENSE APPLICATION.  Requires an applicant for an initial
process server license under this article to submit a sworn application on
a form prescribed by the Texas Department of Licensing and Regulation
(department).  Sets forth eligibility for a license under this section. 

Sec.  5.  AGENT REGISTRATION.  Authorizes a person registered as the agent
of a license holder to execute civil process under this article on behalf
of the license holder.  Sets forth procedures for registering as the agent
of a license holder. 

Sec.  6.  CRIMINAL HISTORY RECORD CHECK.  Requires each applicant for a
process server license or an agent registration to disclose to the
department in the manner prescribed by the Texas Commission of Licensing
and Regulation (commission) any conviction of the applicant for a
misdemeanor involving moral turpitude or a felony conviction.  Requires
the Department of Public Safety, on the request of the department, to
provide a criminal history record check on each applicant for an initial
or renewal license or agent registration. 

Sec.  7.  ISSUANCE OF LICENSES AND REGISTRATIONS.  Sets forth regulations
regarding the issuance of licenses and registrations. 

Sec.  8.  INSURANCE REQUIREMENT.  Requires the commissioner of licensing
and regulation, by rule, to prescribe the insurance coverage that a
process server license holder must maintain to be eligible for a license. 

Sec.  9.  POWERS AND DUTIES OF LICENSE HOLDERS AND REGISTERED AGENTS.
Sets forth the powers and duties of license holders and registered agents. 

Sec.  10.  COSTS.  Authorizes a fee charged or collected by a license
holder or registered agent for service of process to be charged as costs
in a judicial proceeding. 

Sec.  11.  OFFICER OF THE COURT.  Requires each license holder and
registered agent to be considered an officer of the civil courts of this
state, but may not be considered a peace officer based on that license or
registration.  Requires an assault on a license holder or registered agent
to be treated as if the assault were committed on a public servant. 

Sec.  12.  IDENTIFICATION NUMBER.  Requires the department to issue to
each license holder or registered agent a unique number.  Requires the
license holder or registered agent to list that unique number on each
return of service made by that person that is filed with the clerk of the
appropriate court. 

Sec.  13.  TERM OF LICENSES AND REGISTRATION; RENEWAL.  Sets forth the
terms of licenses and registrations and provides procedures for renewal of
the licenses and registrations. 

Sec.  14.  DISCIPLINARY ACTIONS.  Sets forth regulations regarding
disciplinary actions against a license holder or registered agent. 

Sec.  15.  CRIMINAL PENALTIES.  Provides that a person commits a Class A
misdemeanor if the person practices as a process server or registered
agent in violation of this article or a rule adopted under this article.
Provides that a person commits a felony of the third degree if the person
knowingly or intentionally falsifies a return of civil process. 

SECTION 2. Amends Section 411.093(a), Government Code, to make conforming
changes. 

SECTION 3. Provides that, notwithstanding Section 4, Article 9035,
V.T.C.S., as added by this Act, certain persons are entitled to a license
without complying with the educational requirement if the person meets all
other requirements under that section. 

SECTION 4. (a) Effective date: September 1, 1997, except as provided by
Subsection (b). 

(b) Effective date for Sections 2 and 15, Article 9035, V.T.C.S.: March 1,
1998. 

SECTION 5. Emergency clause.