By: Wentworth  S.B. No. 1388
         (In the Senate - Filed March 5, 2009; March 17, 2009, read
  first time and referred to Committee on Jurisprudence;
  April 6, 2009, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 5, Nays 0; April 6, 2009,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1388 By:  Wentworth
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to process server certification and the establishment of a
  certification division within the Office of Court Administration of
  the Texas Judicial System.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 51, Government Code, is
  amended by adding Section 51.008 to read as follows:
         Sec. 51.008.  FEES FOR PROCESS SERVER CERTIFICATION; PROCESS
  SERVER CERTIFICATION ACCOUNT.  (a)  The process server review board
  established by supreme court order may recommend to the supreme
  court the fees to be charged for process server certification and
  renewal of certification. The supreme court must approve the fees
  recommended by the process server review board before the fee may be
  collected.
         (b)  If a certification is issued or renewed for a term that
  is less than the certification period provided by supreme court
  rule, the fee for the certification shall be prorated so that the
  process server pays only that portion of the fee that is allocable
  to the period during which the certification is valid. On renewal
  of the certification on the new expiration date, the process server
  must pay the entire certification renewal fee.
         (c)  The Office of Court Administration of the Texas Judicial
  System may collect the fees recommended by the process server
  review board and approved by the supreme court. Fees collected
  under this section shall be sent to the comptroller for deposit to
  the credit of the process server certification account.
         (d)  The process server certification account is an account
  in the general revenue fund. Money in the account may be
  appropriated only to the supreme court or the office of court
  administration for the support of regulatory programs of the
  supreme court or the office of court administration.
         SECTION 2.  Subchapter B, Chapter 72, Government Code, is
  amended by adding Sections 72.013 and 72.014 to read as follows:
         Sec. 72.013.  PROCESS SERVER REVIEW BOARD.  A person
  appointed to the process server review board established by supreme
  court order serves without compensation but is entitled to
  reimbursement for actual and necessary expenses incurred in
  traveling and performing official board duties. Reimbursement may
  be made from the process server certification account.
         Sec. 72.014.  CERTIFICATION DIVISION.  The office shall
  establish a certification division to oversee the regulatory
  programs assigned to the office by law or by the supreme court.
         SECTION 3.  (a) The fees recommended and approved under
  Section 51.008, Government Code, as added by this Act, apply to:
               (1)  each person who holds a process server
  certification on the effective date of this Act; and
               (2)  each person who applies for process server
  certification on or after the effective date of this Act.
         (b)  The Office of Court Administration of the Texas Judicial
  System shall prorate the process server certification fee so that a
  person who holds a process server certification on the effective
  date of this Act pays only that portion of the fee that is allocable
  to the period during which the certification is valid. On renewal
  of the certification on the new expiration date, the entire
  certification renewal fee is payable.
         SECTION 4.  This Act takes effect September 1, 2009.
 
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