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.
1-52 * * * * *