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A BILL TO BE ENTITLED
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AN ACT
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relating to fees paid to a constable for serving civil process. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 86.021(d), Local Government Code, is |
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amended to read as follows: |
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(d) Regardless of the Texas Rules of Civil Procedure, all |
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civil process may be served by a constable in the constable's county |
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or in a county contiguous to the constable's county, except that a |
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constable who is a party to or interested in the outcome of a suit |
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may not serve any process related to the suit. All civil process |
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served by a constable at any time or place is presumed to be served |
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in the constable's official capacity if under the law the constable |
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may serve that process in the constable's official capacity. A |
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constable may not under any circumstances retain a fee paid for |
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serving civil process in the constable's official capacity other |
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than the constable's regular salary or compensation. Any fee paid |
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to a constable for serving civil process in the constable's |
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official capacity shall be deposited with the county treasurer of |
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the constable's county. |
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SECTION 2. The change in law made by this Act applies only |
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to civil process served by a constable on or after the effective |
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date of this Act. Civil process served by a constable before the |
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effective date of this Act is governed by the law in effect |
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immediately before that date, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |