1-1     By:  Harris                                            S.B. No. 853
 1-2           (In the Senate - Filed February 22, 2001; February 26, 2001,
 1-3     read first time and referred to Committee on State Affairs;
 1-4     May 3, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 8, Nays 0; May 3, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 853                   By:  Harris
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to service of citation and publication of certain notices
1-11     required by law.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter B, Chapter 405, Government Code, is
1-14     amended by adding Section 405.020 to read as follows:
1-15           Sec. 405.020.  INTERNET PUBLICATION OF CERTAIN LEGALLY
1-16     REQUIRED NOTICES.  (a)  The secretary of state shall establish an
1-17     Internet site on which a person may publish a notice or serve a
1-18     citation that a state statute or rule requires the person to
1-19     publish or serve on the Internet.  The Internet site established
1-20     under this section must have a separate section for each county of
1-21     the state where notices or citations involving the county are
1-22     published or served.
1-23           (b)  A person required to provide proof of publication of a
1-24     notice may provide a copy of the notice printed directly from the
1-25     Internet site established under this section.
1-26           (c)  The secretary of state shall adopt rules governing the
1-27     method by which a person may submit a notice or citation to be
1-28     published on the Internet site established under this section and
1-29     any other rules necessary to implement this section.
1-30           SECTION 2.  Subsection (b), Section 51.002, Property Code is
1-31     amended to read as follows:
1-32           (b)  Notice of the sale, which must include a statement of
1-33     the earliest time at which the sale will begin, must be given at
1-34     least 21 days before the date of the sale:
1-35                 (1)  by posting at the courthouse door of each county
1-36     in which the property is located a written notice designating the
1-37     county in which the property will be sold;
1-38                 (2)  by posting on the Internet site maintained by the
1-39     secretary of state under Section 405.020, Government Code, notice
1-40     designating the county in which the property will be sold;
1-41                 (3)  by filing in the office of the county clerk of
1-42     each county in which the property is located a copy of the notice
1-43     posted under Subdivision (1); and
1-44                 (4) [(3)]  by the holder of the debt to which the power
1-45     of sale is related serving written notice of the sale by certified
1-46     mail on each debtor who, according to the records of the holder of
1-47     the debt, is obligated to pay the debt.
1-48           SECTION 3.  (a)  This Act takes effect January 1, 2002.
1-49           (b)  Not later than January 1, 2002, the secretary of state
1-50     shall establish the Internet site required by Section 405.020,
1-51     Government Code, as added by this Act.
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