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.