|
|
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. |
|
|
|
* * * * * |