By:  Harris                                            S.B. No. 853
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to service of citation and publication of certain notices
 1-3     required by law.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 405, Government Code, is
 1-6     amended by adding Section 405.020 to read as follows:
 1-7           Sec. 405.020.  INTERNET PUBLICATION OF CERTAIN LEGALLY
 1-8     REQUIRED NOTICES.  (a)  The secretary of state shall establish an
 1-9     Internet site on which a person may publish a notice or serve a
1-10     citation that a state statute or rule requires the person to
1-11     publish or serve on the Internet.  The Internet site established
1-12     under this section must have a separate section for each county of
1-13     the state where notices or citations involving the county are
1-14     published or served.
1-15           (b)  A person required to provide proof of publication of a
1-16     notice may provide a copy of the notice printed directly from the
1-17     Internet site established under this section.
1-18           (c)  The secretary of state shall adopt rules governing the
1-19     method by which a person may submit a notice or citation to be
1-20     published on the Internet site established under this section and
1-21     any other rules necessary to implement this section.
1-22           (d)  The secretary of state by rule shall establish
1-23     reasonable and necessary fees that produce sufficient revenue to
1-24     administer this section.
1-25           SECTION 2.  Subsection (b), Section 51.002, Property Code, is
 2-1     amended to read as follows:
 2-2           (b)  Notice of the sale, which must include a statement of
 2-3     the earliest time at which the sale will begin, must be given at
 2-4     least 21 days before the date of the sale:
 2-5                 (1)  by posting at the courthouse door of each county
 2-6     in which the property is located a written notice designating the
 2-7     county in which the property will be sold;
 2-8                 (2)  by posting on the Internet site maintained by the
 2-9     secretary of state under Section 405.020, Government Code, notice
2-10     designating the county in which the property will be sold;
2-11                 (3)  by filing in the office of the county clerk of
2-12     each county in which the property is located a copy of the notice
2-13     posted under Subdivision (1); and
2-14                 (4) [(3)]  by the holder of the debt to which the power
2-15     of sale is related serving written notice of the sale by certified
2-16     mail on each debtor who, according to the records of the holder of
2-17     the debt, is obligated to pay the debt.
2-18           SECTION 3.  (a)  This Act takes effect January 1, 2002.
2-19           (b)  Not later than January 1, 2002, the secretary of state
2-20     shall establish the Internet site required by Section 405.020,
2-21     Government Code, as added by this Act.