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Amend CSSB 279 by adding the following ARTICLE and SECTIONS,
appropriately numbered, and renumbering the ARTICLES and SECTIONS
of the bill as appropriate:
ARTICLE _____. REGULATION OF PRIVATE PROCESS SERVERS
Section _____.01. The Civil Practice and Remedies Code is
amended by adding Title 8 to read as follows:
TITLE 8. CIVIL PROCESS
CHAPTER 191. PRIVATE PROCESS SERVERS
Sec. 191.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission of
Licensing and Regulation.
(2) "Department" means the Texas Department of
Licensing and Regulation.
(3) "Executive director" means the executive director
of the department.
Sec. 191.002. APPLICABILITY OF CHAPTER. (a) This chapter
does not apply to a sheriff, constable, or clerk of a court engaged
in the discharge of that person's official duties.
(b) This chapter does not limit or restrict the service of
process in this state as provided by a court order.
(c) Chapter 51, Occupations Code, applies to this chapter.
Sec. 191.003. RULES. The commission shall adopt rules for
the implementation of this chapter.
Sec. 191.004. FEES. The commission by rule shall set fees
in amounts reasonable and necessary to cover the costs of
administering this chapter.
Sec. 191.005. LICENSE OR REGISTRATION REQUIRED. A person
may not serve civil process in this state unless the person is
licensed or registered under this chapter.
Sec. 191.006 LICENSE APPLICATION; TEMPORARY LICENSE. (a) An
applicant for an initial process server license under this chapter
must submit an application on a form prescribed by the executive
director. To be eligible for a license under this section, an
applicant must:
(1) be at least 18 years of age;
(2) not have been convicted of a misdemeanor involving
moral turpitude or a felony;
(3) submit the nonrefundable application fee; and
(4) comply with the requirements adopted under
Subsection (b).
(b) Each license applicant must provide proof to the
department, in a manner acceptable to the department, of:
(1) completion of a department-approved seminar
consisting of at least eight hours of instruction in civil process;
and
(2) maintenance of insurance coverage as required by
rules adopted by the commission.
(c) An applicant who is employed in this state as a sheriff,
constable, or clerk of a court is exempt from any requirement for a
criminal background check and any civil process instruction
requirements for a license under this chapter.
(d) The executive director shall issue a temporary license
not later than the 30th day after the date an applicant submits
evidence satisfactory to the department that the applicant has
properly completed the application, has paid all required fees, and
meets all of the qualifications established by this chapter and by
rule of the commission. A temporary license is valid for not more
than 90 days after the date of issuance. If, on completion of the
license application process, the executive director denies an
application for a license, the applicant shall return the
applicant's temporary license and immediately stop serving process
under this chapter.
Sec. 191.007. AGENT REGISTRATION. (a) A person registered
under this chapter as the agent of a license holder may execute
civil process under this chapter on behalf of the license holder.
(b) An applicant for an agent registration shall submit an
application to the department on a form prescribed by the executive
director. To be eligible for registration under this section, an
applicant must:
(1) be at least 18 years of age;
(2) not have been convicted of a misdemeanor involving
moral turpitude or a felony;
(3) provide proof to the department, in a manner
acceptable to the department, that the applicant:
(A) has completed a department-approved seminar
consisting of at least eight hours of instruction in civil process;
and
(B) maintains insurance coverage as required by
rules adopted by the commission; and
(4) submit the nonrefundable application fee and the
registration fee.
(c) An applicant who is employed in this state as a sheriff,
constable, or clerk of a court is exempt from any requirement for a
criminal background check and any civil process instruction
requirements for an agent registration under this chapter.
Sec. 191.008. POWERS AND DUTIES OF LICENSE HOLDERS AND
REGISTERED AGENTS. A license holder or registered agent may serve
civil process issued by the courts of this state in the manner
provided by law for service by sheriffs and constables. The person
may serve the process on any day of the week anywhere in this state.
Sec. 191.009. PUBLIC SERVANT; OFFICER OF COURT. Each license
holder and registered agent shall be considered to be a public
servant when performing duties related to serving process and
considered to be an officer of the civil courts of this state, but
may not be considered to be a peace officer based on that license or
registration. An assault on a license holder or registered agent
shall be treated as an assault on a public servant.
Sec. 191.010. ENFORCEMENT. (a) The commission may assess and
collect administrative penalties for a violation of this chapter or
a commission rule or order under Chapter 51, Occupations Code.
(b) The commission may issue administrative sanctions for a
violation of this chapter or a commission rule or order under
Chapter 51, Occupations Code.
(c) The department may issue cease and desist orders.
SECTION _____. 02. (a) Except as provided by Subsection (b)
of this section, this article takes effect September 1, 2003.
(b) Section 191.005, Civil Practice and Remedies Code, as
added by this Act, takes effect March 31, 2004.