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A BILL TO BE ENTITLED
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AN ACT
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relating to process server certification and the establishment of a |
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certification division within the Office of Court Administration of |
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the Texas Judicial System. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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. FEES FOR PROCESS SERVER CERTIFICATION; PROCESS |
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SERVER CERTIFICATION ACCOUNT. (a) The process server review board |
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established by supreme court order may recommend to the supreme |
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court the fees to be charged for process server certification and |
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renewal of certification. The supreme court must approve the fees |
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recommended by the process server review board before the fee may be |
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collected. |
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(b) The supreme court by rule may implement a system under |
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which certifications expire on various dates during the year. If a |
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certification is issued or renewed for a term that is less than the |
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certification period provided by supreme court rule, the fee for |
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the certification may be prorated so that the process server pays |
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only that portion of the fee that is allocable to the number of |
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months during which the certification is valid. On renewal of the |
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certification on the new expiration date, the entire certification |
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renewal fee is payable. |
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(c) The Office of Court Administration of the Texas Judicial |
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System may collect the fees recommended by the process server |
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review board and approved by the supreme court. Fees collected |
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under this section shall be sent to the comptroller for deposit to |
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the credit of the process server certification account. |
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(d) The process server certification account is an account |
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in the general revenue fund. Money in the account may be |
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appropriated only to the supreme court or the office of court |
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administration for the support of certification programs of the |
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supreme court, the process server review board, or the office of |
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court administration. |
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SECTION 2. Subchapter B, Chapter 72, Government Code, is |
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amended by adding Sections 72.013 and 72.014 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 established by supreme |
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court order serves without compensation but is entitled to |
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reimbursement for actual and necessary expenses incurred in |
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traveling and performing official board duties. Reimbursement may |
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be made from the process server certification account. |
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Sec. 72.014. CERTIFICATION DIVISION. The office shall |
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establish a certification division to oversee the regulatory |
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programs assigned to the office by law or by the supreme court. |
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SECTION 3. (a) The fees recommended and approved under |
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Section 51.008, Government Code, as added by this Act, apply to: |
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(1) each person who holds a process server |
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certification on the effective date of this Act; and |
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(2) each person who applies for process server |
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certification on or after the effective date of this Act. |
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(b) The Office of Court Administration of the Texas Judicial |
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System may prorate the process server certification fee so that a |
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person who holds a process server certification on the effective |
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date of this Act pays only that portion of the fee that is allocable |
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to the number of months during which the certification is valid. On |
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renewal of the certification on the new expiration date, the entire |
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certification renewal fee is payable. |
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SECTION 4. This Act takes effect September 1, 2009. |