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A BILL TO BE ENTITLED
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AN ACT
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relating to who may serve process in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 30, Civil Practice and Remedies Code, is |
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amended by adding Section 30.006 to read as follows: |
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Sec. 30.006. PROCESS SERVERS. (a) Notwithstanding the |
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Texas Rules of Civil Procedure and except as provided by Subsection |
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(b), any process in a suit, including citation and other notices, |
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writs, orders, and other papers issued by a court, may be served by |
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any individual who: |
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(1) is 18 years of age or older; and |
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(2) is not a party to the suit or interested in the |
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outcome of the suit. |
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(b) Unless otherwise authorized by written court order, |
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only a sheriff or constable may serve: |
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(1) a citation in an action of forcible entry and |
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detainer; |
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(2) a writ that requires the actual taking of |
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possession of a person, property, or thing; or |
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(3) process requiring that an enforcement action be |
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physically enforced by the person delivering the process. |
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(c) 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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SECTION 2. This Act applies to the service of process in a |
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suit on or after the effective date of this Act, without regard to |
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whether the suit commenced before, on, or after that date. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |