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A BILL TO BE ENTITLED
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AN ACT
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relating to service of civil process by constables. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (d), Section 86.021, Local Government |
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Code, is 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. Civil process served |
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by a constable in the constable's county is considered served in the |
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constable's official capacity. Any fee received by a constable for |
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serving civil process in the constable's county must be deposited |
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with the county treasurer. |
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SECTION 2. The changes in law made by this Act to Subsection |
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(d), Section 86.021, Local Government Code, apply to all process |
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served on or after the effective date of this Act, without regard to |
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whether the process was issued before, on, or after that date. |
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SECTION 3. This Act takes effect September 1, 2009. |