HOUSE CONCURRENT RESOLUTION

 1-1           WHEREAS, House Bill No. 2071 has been adopted by the house of

 1-2     representatives and the senate and is being prepared for

 1-3     enrollment; and

 1-4           WHEREAS, The bill contains technical errors that should be

 1-5     corrected; now, therefore, be it

 1-6           RESOLVED by the 75th Legislature of the State of Texas, That

 1-7     the enrolling clerk of the house of representatives be instructed

 1-8     to correct House Bill No. 2071 by striking Section 154.005(d),

 1-9     Local Government Code, as added by Senate Committee Amendment No.

1-10     1 and amended by Senate Floor Amendment No. 1, and substituting the

1-11     following:

1-12           "(d)  A constable may receive, in addition to Subsection (c),

1-13     all fees, commissions, or payments for delivering notices required

1-14     by Section 24.005, Property Code, relating to eviction actions.

1-15     Notices may only be delivered when not in conflict with the

1-16     official duties and responsibilities of the constable. A constable

1-17     delivering said notices must not be wearing upon his or her person

1-18     a uniform or any insignia which would usually be associated with

1-19     the position of constable nor may the constable use a county

1-20     vehicle or county equipment while delivering said notices.  For

1-21     purposes of collecting fees for serving said notices, a constable

1-22     is considered a private process server."

                                                                   Gutierrez

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.C.R. No. 294 was adopted by the House on May

         24, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.C.R. No. 294 was adopted by the Senate on

         May 26, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor