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A BILL TO BE ENTITLED
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AN ACT
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relating to certain duties, functions, and procedures of county |
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clerks, district clerks, and local registrars. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 64.091(d), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(d) In an action under Subsection (b)(1): |
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(1) the plaintiff, in the verified petition, must name |
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the last known owner or the last record owner of the interest as |
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defendant; |
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(2) the plaintiff must serve notice on the defendant |
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by publication as provided by the Texas Rules of Civil Procedure; |
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(3) the court may appoint as receiver the county judge |
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and his successors[, the county clerk and his successors,] or any |
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other resident of the county in which the land is located; |
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(4) notwithstanding the Texas Rules of Civil |
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Procedure, the applicant is not required to post bond; and |
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(5) the receiver is not required to post bond. |
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SECTION 2. Section 64.093(d), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(d) In an action under Subsection (a): |
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(1) the plaintiff, in the petition, must name the last |
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known owner or the last record owner of the interest as defendant; |
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(2) the plaintiff must serve notice on the defendant |
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by publication as provided by the Texas Rules of Civil Procedure; |
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(3) the court may appoint as receiver the county |
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judge[, the county clerk,] or any other resident of the county in |
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which the land is located; |
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(4) notwithstanding the Texas Rules of Civil |
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Procedure, the applicant is not required to post bond; and |
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(5) the receiver is not required to post bond. |
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SECTION 3. Chapter 136, Civil Practice and Remedies Code, |
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is amended by adding Section 136.002 to read as follows: |
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Sec. 136.002. ELECTRONIC CONFIRMATION OF DELIVERY OF |
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CERTIFIED MAIL. (a) A district or county clerk who has implemented |
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a system for the electronic filing of documents may provide for the |
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electronic filing of confirmation of receipt of any document |
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otherwise required by statute or rule to be sent by certified mail, |
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return receipt requested. |
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(b) A clerk shall obtain services for the electronic filing |
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of confirmation of receipt of a document from a provider the clerk |
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determines is reliable and capable of providing the services. A |
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confirmation filed under authority of this section is not subject |
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to acknowledgment by the receiving station. |
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(c) A confirmation filed electronically in accordance with |
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this section is an original record for filing and evidentiary |
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purposes. |
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SECTION 4. Subchapter I, Chapter 51, Government Code, is |
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amended by adding Section 51.808 to read as follows: |
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Sec. 51.808. ELECTRONIC CONFIRMATION OF DELIVERY OF |
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CERTIFIED MAIL. (a) A district or county clerk who has implemented |
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a system for the electronic filing of documents after approval by |
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the supreme court under Section 51.803 may, without further |
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approval but subject to the supreme court's authority to withdraw |
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approval of the system, provide for the electronic filing of |
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confirmation of receipt of any document otherwise required by |
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statute or rule to be sent by certified mail, return receipt |
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requested. |
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(b) A clerk shall obtain services for the electronic filing |
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of confirmation of receipt of a document from a provider the clerk |
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determines is reliable and capable of providing the services. A |
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confirmation filed under authority of this section is not subject |
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to acknowledgment by the receiving station under Section 51.804. |
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(c) A confirmation filed electronically in accordance with |
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this section is an original record for filing and evidentiary |
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purposes. |
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SECTION 5. Section 102.010(c), Family Code, is amended to |
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read as follows: |
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(c) Citation by publication shall be sufficient if given in |
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substantially the following form: |
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To (names of persons to be served with citation) and to all whom it |
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may concern (if the name of any person to be served with citation is |
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unknown), Respondent(s), |
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"STATE OF TEXAS |
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"You have been sued. You may employ an attorney. If you or |
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your attorney do (does) not file a written answer with the clerk who |
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issued this citation by 10 a.m. on the Monday next following the |
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expiration of 42 [20] days after you were served this citation and |
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petition, a default judgment may be taken against you. The petition |
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of ______________, Petitioner, was filed in the Court of |
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_______________ County, Texas, on the ___ day of _________, _____, |
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against __________, Respondent(s), numbered _____, and entitled ' |
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In the interest of __________, a child (or children).' The suit |
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requests (statement of relief requested, e.g., 'terminate the |
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parent-child relationship'). The date and place of birth of the |
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child (children) who is (are) the subject of the suit: |
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_____________. |
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"The court has authority in this suit to render an order in |
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the child's (children's) interest that will be binding on you, |
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including the termination of the parent-child relationship, the |
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determination of paternity, and the appointment of a conservator |
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with authority to consent to the child's (children's) adoption. |
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"Issued and given under my hand and seal of the Court at |
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_________, Texas, this the ___ day of _______, ____. |
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". . . . . . . . . . . . . . . . . |
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Clerk of the District Court of |
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______________ County, Texas. |
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By _____________, Deputy." |
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SECTION 6. Section 159.005(b), Local Government Code, is |
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amended to read as follows: |
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(b) The county clerk shall make [mail two] copies of the |
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form available to each person required to file under this |
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subchapter within the time prescribed by Section 572.030(c), |
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Government Code. |
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SECTION 7. Section 191.030, Health and Safety Code, is |
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repealed. |
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SECTION 8. As soon as practicable after the effective date |
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of this Act, the applicable court shall appoint a replacement |
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receiver for each county clerk serving on the effective date of this |
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Act as a receiver under Section 64.091 or 64.093, Civil Practice and |
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Remedies Code, as those sections existed immediately before the |
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effective date of this Act. The court shall provide for the |
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transfer of all records, documents, and materials pertaining to the |
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receivership from the county clerk to the replacement receiver |
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appointed by the court. |
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SECTION 9. 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, 2009. |