BILL ANALYSIS

Senate Research Center                                                                                                      S.B. 2197

81R4004 KSD-F                                                                                                            By: Williams

Jurisprudence

4/6/2009

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Some constables in Texas avoid serving civil process while on duty in order to carry out the same activities off-duty for pay.

As proposed, S.B. 2197 provides that civil process served by a constable in the constable's county is considered served in the constable's official capacity.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 86.021(d), Local Government Code, to provide that civil process served by a constable in the constable's county is considered served in the constable's official capacity.  Requires that any fee received by a constable for serving civil process in the constable's county be deposited with the county treasurer.

SECTION 2.  Provides that the changes in law made by this Act to Section 86.021(d), Local Government Code, apply to all process served on or after the effective date of this Act, without regard to whether the process was issued before, on, after that date.

SECTION 3.  Effective date:  September 1, 2009.