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A BILL TO BE ENTITLED
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AN ACT
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relating to service of process; creating a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 17, Civil Practice and |
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Remedies Code, is amended by adding Sections 17.028, 17.029, and |
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17.030 to read as follows: |
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Sec. 17.028. RETURN OF SERVICE. A person who serves process |
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shall complete a return of service that is endorsed on or attached |
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to the original process issued and must: |
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(1) state when process was served; |
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(2) state on whom process was served; and |
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(3) be signed under penalty of perjury by the person |
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making the service. |
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Sec. 17.029. SUBSTITUTED SERVICE ON PRIVATE MAIL BOX. |
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Service of process may be made on the private mail box of a person |
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named in the citation if: |
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(1) it can be established: |
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(A) that the private mail box account is active; |
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and |
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(B) a valid United States postal signature card |
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is on file at the private mail box business office; and |
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(2) reasonable efforts have been made to obtain |
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service of the person in another manner prescribed by law. |
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Sec. 17.030. SERVICE AT GATED COMMUNITY. (a) In this |
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section: |
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(1) "Civil process" means all process issued or |
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sanctioned by a civil court, except that the term does not include |
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service of any writ that requires the actual taking of possession of |
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a person, property, or thing or an enforcement action required of or |
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directed to a peace officer related to the taking of possession of a |
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person, property, or thing. |
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(2) "Gated community" means a residential subdivision |
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or housing development that contains two or more dwellings not |
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under common ownership and that has a vehicular or pedestrian gate. |
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(3) "Process server" means a person certified by the |
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supreme court who serves civil process. |
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(b) A process server engaged in the discharge of official |
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duties shall be admitted to a gated community for the purpose of |
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delivering civil process. |
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(c) It is an affirmative defense to a cause of action for |
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trespass that at the time the cause of action arose the process |
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server was engaged in the discharge of official duties. |
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(d) A property manager or security guard who in good faith |
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grants access to a gated community as provided by Subsection (b) is |
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not liable for any damages that may arise as a result of that act. |
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SECTION 2. Section 17.065(b), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(b) The return of service under this section shall be |
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endorsed on or attached to the original process issued and must: |
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(1) state when it was served; |
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(2) state on whom it was served; and |
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(3) be signed under penalty of perjury [and sworn to] |
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by the party making the service [before a person authorized by law
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to make an affidavit under his hand and seal]. |
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SECTION 3. Subchapter A, Chapter 51, Government Code, is |
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amended by adding Section 51.008 to read as follows: |
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Sec. 51.008. COLLECTION OF FEES; PROCESS SERVER REVIEW |
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ACCOUNT. (a) The clerk of the supreme court may collect reasonable |
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fees fixed by the order or rule of the supreme court from a person |
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certified by the supreme court to serve process. Fees collected |
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under this section shall be deposited in the judicial fund for the |
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process server review account. |
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(b) Funds in the process server review account may be used |
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only for the support of programs approved by the supreme court for |
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the certification of process servers. |
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SECTION 4. Subchapter B, Chapter 72, Government Code, is |
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amended by adding Section 72.013 to read as follows: |
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Sec. 72.013. PROCESS SERVER REVIEW BOARD. A person |
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appointed to the process server review board is entitled to |
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reimbursement for travel expenses incurred in attending process |
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server review board meetings. Reimbursement may be made from the |
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process server review account in the judicial fund. |
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SECTION 5. Section 5.201, Business Organizations Code, is |
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amended by amending Subsection (c) and adding Subsection (d) to |
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read as follows: |
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(c) The registered office: |
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(1) must be located at a street address where process |
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may be personally served on the entity's registered agent or the |
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entity's agent or clerk; |
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(2) is not required to be a place of business of the |
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filing entity or foreign filing entity; and |
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(3) may not be solely a mailbox service or a telephone |
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answering service. |
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(d) A filing entity or foreign filing entity may be served |
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with process by serving an agent or clerk at the registered office |
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of the filing entity or foreign filing entity. |
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SECTION 6. Section A, Article 2.07, Texas Non-Profit |
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Corporation Act (Article 1396-2.07, Vernon's Texas Civil |
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Statutes), is amended to read as follows: |
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A. The president and all vice-presidents of the corporation |
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and the registered agent of the corporation shall be agents of such |
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corporation upon whom any process, notice, or demand required or |
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permitted by law to be served upon the corporation may be served. |
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Where the chief executive function of a corporation is authorized |
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to be performed by a committee, service on any member of such |
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committee shall be deemed to be service on the president. A |
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corporation may be served with process by serving an agent or clerk |
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at the registered office of the corporation. |
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SECTION 7. Section A, Article 8.09, Texas Non-Profit |
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Corporation Act (Article 1396-8.09, Vernon's Texas Civil |
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Statutes), is amended to read as follows: |
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A. The president and all vice-presidents of a foreign |
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corporation authorized to conduct affairs in this State and the |
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registered agent so appointed by a foreign corporation shall be |
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agents of such corporation upon whom any process, notice, or demand |
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required or permitted by law to be served upon the corporation may |
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be served. Where the chief executive function is performed by a |
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committee, service may be had on any member thereof. A foreign |
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corporation may be served with process by serving an agent or clerk |
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at the registered office of the foreign corporation. |
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SECTION 8. Section A, Article 2.08, Texas Limited Liability |
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Company Act (Article 1528n, Vernon's Texas Civil Statutes), is |
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amended to read as follows: |
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A. The managers, if any, and the registered agent shall be |
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agents of a limited liability company or foreign limited liability |
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company upon whom any process, notice, or demand required or |
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permitted by law to be served upon the limited liability company or |
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foreign limited liability company may be served. A limited |
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liability company or foreign limited liability company may be |
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served with process by serving an agent or clerk at the registered |
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office of the limited liability company or foreign limited |
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liability company. |
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SECTION 9. Section 1.08(a), Texas Revised Limited |
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Partnership Act (Article 6132a-1, Vernon's Texas Civil Statutes), |
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is amended to read as follows: |
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(a) Each general partner and the registered agent of a |
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limited partnership are agents of the limited partnership on whom |
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may be served any process, notice, or demand required or permitted |
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by law to be served on the limited partnership. A limited |
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partnership may be served with process by serving an agent or clerk |
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at the registered office of the limited partnership. |
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SECTION 10. Section 10.05(j), Texas Revised Partnership Act |
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(Article 6132b-10.05, Vernon's Texas Civil Statutes), is amended to |
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read as follows: |
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(j) Each partner and the registered agent of a foreign |
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limited liability partnership registered in Texas are agents of the |
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foreign limited liability partnership on whom may be served any |
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process, notice, or demand required or permitted by law to be served |
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on the foreign limited liability partnership. A foreign limited |
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liability partnership may be served with process by serving an |
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agent or clerk at the registered office of the foreign limited |
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liability partnership. |
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SECTION 11. Section 5.20(A), Texas Real Estate Investment |
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Trust Act (Article 6138A, Vernon's Texas Civil Statutes), is |
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amended to read as follows: |
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(A) The president, all vice presidents, and the registered |
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agent of the real estate investment trust are agents of the real |
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estate investment trust on whom any process, notice, or demand |
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required or permitted by law to be served on the real estate |
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investment trust may be served. A real estate investment trust may |
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be served with process by serving an agent or clerk at the |
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registered office of the real estate investment trust. |
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SECTION 12. Section A, Article 2.11, Texas Business |
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Corporation Act, is amended to read as follows: |
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A. The president and all vice presidents of the corporation |
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and the registered agent of the corporation shall be agents of such |
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corporation upon whom any process, notice, or demand required or |
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permitted by law to be served upon the corporation may be served. A |
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corporation may be served with process by serving an agent or clerk |
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at the registered office of the corporation. |
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SECTION 13. Section A, Article 8.10, Texas Business |
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Corporation Act, is amended to read as follows: |
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A. The president and all vice presidents of a foreign |
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corporation authorized to transact business in this State and the |
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registered agent so appointed by a foreign corporation shall be |
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agents of such corporation upon whom any process, notice, or demand |
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required or permitted by law to be served upon the corporation may |
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be served. A foreign corporation may be served with process by |
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serving an agent or clerk at the registered office of the foreign |
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corporation. |
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SECTION 14. Sections 36.06(a) and (b), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if he intentionally or |
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knowingly harms or threatens to harm another by an unlawful act: |
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(1) in retaliation for or on account of the service or |
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status of another as a: |
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(A) public servant, process server, witness, |
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prospective witness, or informant; or |
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(B) person who has reported or who the actor |
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knows intends to report the occurrence of a crime; or |
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(2) to prevent or delay the service of another as a: |
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(A) public servant, process server, witness, |
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prospective witness, or informant; or |
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(B) person who has reported or who the actor |
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knows intends to report the occurrence of a crime. |
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(b) In this section: |
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(1) "Civil process" means all process issued or |
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sanctioned by a civil court, except that the term does not include |
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service of any writ that requires the actual taking of possession of |
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a person, property, or thing or an enforcement action required of or |
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directed to a peace officer related to the taking of possession of a |
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person, property, or thing. |
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(2) "Honorably retired peace officer" means a peace |
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officer who: |
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(A) did not retire in lieu of any disciplinary |
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action; |
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(B) was eligible to retire from a law enforcement |
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agency or was ineligible to retire only as a result of an injury |
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received in the course of the officer's employment with the agency; |
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and |
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(C) is entitled to receive a pension or annuity |
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for service as a law enforcement officer or is not entitled to |
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receive a pension or annuity only because the law enforcement |
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agency that employed the officer does not offer a pension or annuity |
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to its employees. |
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(3) [(2)] "Informant" means a person who has |
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communicated information to the government in connection with any |
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governmental function. |
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(4) "Process server" means a person who serves civil |
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process. |
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(5) [(3)] "Public servant" includes an honorably |
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retired peace officer. |
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SECTION 15. (a) The change in law made by Section 14 of this |
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Act applies only to an offense committed on or after the effective |
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date of this Act. For purposes of this section, an offense is |
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committed before the effective date of this Act if any element of |
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the offense occurs before the effective date. |
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(b) An offense committed before the effective date of this |
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Act is governed by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 16. This Act applies to all process served on or |
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after the effective date of this Act, without regard to whether the |
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process was issued before, on, or after that date. |
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SECTION 17. This Act takes effect September 1, 2007. |