80R6310 CAE-D

By: Wentworth S.B. No. 1305

A BILL TO BE ENTITLED

AN ACT

relating to service of process; creating a penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 17, Civil Practice and Remedies Code, is amended by adding Sections 17.028, 17.029, and 17.030 to read as follows:

Sec. 17.028. RETURN OF SERVICE. A person who serves process shall complete a return of service that is endorsed on or attached to the original process issued and must:

(1) state when process was served;

(2) state on whom process was served; and

(3) be signed under penalty of perjury by the person making the service.

Sec. 17.029. SUBSTITUTED SERVICE ON PRIVATE MAIL BOX. Service of process may be made on the private mail box of a person named in the citation if:

(1) it can be established:

(A) that the private mail box account is active; and

(B) a valid United States postal signature card is on file at the private mail box business office; and

(2) reasonable efforts have been made to obtain service of the person in another manner prescribed by law.

Sec. 17.030. SERVICE AT GATED COMMUNITY. (a) In this section:

(1) "Civil process" means all process issued or sanctioned by a civil court, except that the term does not include service of any writ that requires the actual taking of possession of a person, property, or thing or an enforcement action required of or directed to a peace officer related to the taking of possession of a person, property, or thing.

(2) "Gated community" means a residential subdivision or housing development that contains two or more dwellings not under common ownership and that has a vehicular or pedestrian gate.

(3) "Process server" means a person certified by the supreme court who serves civil process.

(b) A process server engaged in the discharge of official duties shall be admitted to a gated community for the purpose of delivering civil process.

(c) It is an affirmative defense to a cause of action for trespass that at the time the cause of action arose the process server was engaged in the discharge of official duties.

(d) A property manager or security guard who in good faith grants access to a gated community as provided by Subsection (b) is not liable for any damages that may arise as a result of that act.

SECTION 2. Section 17.065(b), Civil Practice and Remedies Code, is amended to read as follows:

(b) The return of service under this section shall be endorsed on or attached to the original process issued and must:

(1) state when it was served;

(2) state on whom it was served; and

(3) be signed under penalty of perjury [and sworn to] by the party making the service [before a person authorized by law to make an affidavit under his hand and seal].

SECTION 3. Subchapter A, Chapter 51, Government Code, is amended by adding Section 51.008 to read as follows:

Sec. 51.008. COLLECTION OF FEES; PROCESS SERVER REVIEW ACCOUNT. (a) The clerk of the supreme court may collect reasonable fees fixed by the order or rule of the supreme court from a person certified by the supreme court to serve process. Fees collected under this section shall be deposited in the judicial fund for the process server review account.

(b) Funds in the process server review account may be used only for the support of programs approved by the supreme court for the certification of process servers.

SECTION 4. Subchapter B, Chapter 72, Government Code, is amended by adding Section 72.013 to read as follows:

Sec. 72.013. PROCESS SERVER REVIEW BOARD. A person appointed to the process server review board is entitled to reimbursement for travel expenses incurred in attending process server review board meetings. Reimbursement may be made from the process server review account in the judicial fund.

SECTION 5. Section 5.201, Business Organizations Code, is amended by amending Subsection (c) and adding Subsection (d) to read as follows:

(c) The registered office:

(1) must be located at a street address where process may be personally served on the entity's registered agent or the entity's agent or clerk;

(2) is not required to be a place of business of the filing entity or foreign filing entity; and

(3) may not be solely a mailbox service or a telephone answering service.

(d) A filing entity or foreign filing entity may be served with process by serving an agent or clerk at the registered office of the filing entity or foreign filing entity.

SECTION 6. Section A, Article 2.07, Texas Non-Profit Corporation Act (Article 1396-2.07, Vernon's Texas Civil Statutes), is amended to read as follows:

A. The president and all vice-presidents of the corporation and the registered agent of the corporation shall be agents of such corporation upon whom any process, notice, or demand required or permitted by law to be served upon the corporation may be served. Where the chief executive function of a corporation is authorized to be performed by a committee, service on any member of such committee shall be deemed to be service on the president. A corporation may be served with process by serving an agent or clerk at the registered office of the corporation.

SECTION 7. Section A, Article 8.09, Texas Non-Profit Corporation Act (Article 1396-8.09, Vernon's Texas Civil Statutes), is amended to read as follows:

A. The president and all vice-presidents of a foreign corporation authorized to conduct affairs in this State and the registered agent so appointed by a foreign corporation shall be agents of such corporation upon whom any process, notice, or demand required or permitted by law to be served upon the corporation may be served. Where the chief executive function is performed by a committee, service may be had on any member thereof. A foreign corporation may be served with process by serving an agent or clerk at the registered office of the foreign corporation.

SECTION 8. Section A, Article 2.08, Texas Limited Liability Company Act (Article 1528n, Vernon's Texas Civil Statutes), is amended to read as follows:

A. The managers, if any, and the registered agent shall be agents of a limited liability company or foreign limited liability company upon whom any process, notice, or demand required or permitted by law to be served upon the limited liability company or foreign limited liability company may be served. A limited liability company or foreign limited liability company may be served with process by serving an agent or clerk at the registered office of the limited liability company or foreign limited liability company.

SECTION 9. Section 1.08(a), Texas Revised Limited Partnership Act (Article 6132a-1, Vernon's Texas Civil Statutes), is amended to read as follows:

(a) Each general partner and the registered agent of a limited partnership are agents of the limited partnership on whom may be served any process, notice, or demand required or permitted by law to be served on the limited partnership. A limited partnership may be served with process by serving an agent or clerk at the registered office of the limited partnership.

SECTION 10. Section 10.05(j), Texas Revised Partnership Act (Article 6132b-10.05, Vernon's Texas Civil Statutes), is amended to read as follows:

(j) Each partner and the registered agent of a foreign limited liability partnership registered in Texas are agents of the foreign limited liability partnership on whom may be served any process, notice, or demand required or permitted by law to be served on the foreign limited liability partnership. A foreign limited liability partnership may be served with process by serving an agent or clerk at the registered office of the foreign limited liability partnership.

SECTION 11. Section 5.20(A), Texas Real Estate Investment Trust Act (Article 6138A, Vernon's Texas Civil Statutes), is amended to read as follows:

(A) The president, all vice presidents, and the registered agent of the real estate investment trust are agents of the real estate investment trust on whom any process, notice, or demand required or permitted by law to be served on the real estate investment trust may be served. A real estate investment trust may be served with process by serving an agent or clerk at the registered office of the real estate investment trust.

SECTION 12. Section A, Article 2.11, Texas Business Corporation Act, is amended to read as follows:

A. The president and all vice presidents of the corporation and the registered agent of the corporation shall be agents of such corporation upon whom any process, notice, or demand required or permitted by law to be served upon the corporation may be served. A corporation may be served with process by serving an agent or clerk at the registered office of the corporation.

SECTION 13. Section A, Article 8.10, Texas Business Corporation Act, is amended to read as follows:

A. The president and all vice presidents of a foreign corporation authorized to transact business in this State and the registered agent so appointed by a foreign corporation shall be agents of such corporation upon whom any process, notice, or demand required or permitted by law to be served upon the corporation may be served. A foreign corporation may be served with process by serving an agent or clerk at the registered office of the foreign corporation.

SECTION 14. Sections 36.06(a) and (b), Penal Code, are amended to read as follows:

(a) A person commits an offense if he intentionally or knowingly harms or threatens to harm another by an unlawful act:

(1) in retaliation for or on account of the service or status of another as a:

(A) public servant, process server, witness, prospective witness, or informant; or

(B) person who has reported or who the actor knows intends to report the occurrence of a crime; or

(2) to prevent or delay the service of another as a:

(A) public servant, process server, witness, prospective witness, or informant; or

(B) person who has reported or who the actor knows intends to report the occurrence of a crime.

(b) In this section:

(1) "Civil process" means all process issued or sanctioned by a civil court, except that the term does not include service of any writ that requires the actual taking of possession of a person, property, or thing or an enforcement action required of or directed to a peace officer related to the taking of possession of a person, property, or thing.

(2) "Honorably retired peace officer" means a peace officer who:

(A) did not retire in lieu of any disciplinary action;

(B) was eligible to retire from a law enforcement agency or was ineligible to retire only as a result of an injury received in the course of the officer's employment with the agency; and

(C) is entitled to receive a pension or annuity for service as a law enforcement officer or is not entitled to receive a pension or annuity only because the law enforcement agency that employed the officer does not offer a pension or annuity to its employees.

(3) [(2)] "Informant" means a person who has communicated information to the government in connection with any governmental function.

(4) "Process server" means a person who serves civil process.

(5) [(3)] "Public servant" includes an honorably retired peace officer.

SECTION 15. (a) The change in law made by Section 14 of this Act applies only to an offense committed on or after the effective date of this Act. For purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before the effective date.

(b) An offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose.

SECTION 16. This Act applies to all process served on or after the effective date of this Act, without regard to whether the process was issued before, on, or after that date.

SECTION 17. This Act takes effect September 1, 2007.