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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 and 17.029 to |
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read as follows: |
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Sec. 17.028. RETURN OF SERVICE. (a) A person who serves |
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process shall complete a return of service that is endorsed on or |
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attached 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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(b) Notwithstanding Section 22.004, Government Code, the |
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supreme court may not amend or adopt rules in conflict with this |
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section. |
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Sec. 17.029. 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 property owner, manager, or security guard who in the |
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exercise of reasonable care grants access to a gated community to a |
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process server, constable, or sheriff for delivery of process 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. Subsection (b), Section 17.065, Civil Practice |
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and Remedies 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. (a) The process server |
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review board may set fees for the certification of a person as a |
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process server. The supreme court must approve a fee adopted by the |
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process server review board under this section. |
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(b) The Office of Court Administration of the Texas Judicial |
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System may collect the fees adopted by the process server review |
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board. Fees collected under this section shall be deposited in the |
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general revenue fund. |
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(c) Fees collected and deposited under this section may be |
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used only for the support of programs of the supreme court, the |
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process server review board, or the Office of Court Administration |
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of the Texas Judicial System for certification programs of the |
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judiciary. The supreme court must approve the purpose of any |
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expenditure under this section. |
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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 adding Subsection (d) to read as follows: |
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(d) If the registered agent is a domestic entity or foreign |
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entity that is also required to appoint a registered agent, process |
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may be served by serving an agent or clerk at the registered office |
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of the registered agent. |
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SECTION 6. Subsections (a) and (b), Section 36.06, Penal |
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Code, are 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 7. (a) The change in law made by Section 6 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 8. 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 9. This Act takes effect September 1, 2007. |
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