Honorable Todd Hunter, Chair, House Committee on Judiciary & Civil Jurisprudence
John S. O'Brien, Director, Legislative Budget Board
HB397 by Hartnett (Relating to the regulation of private process servers; providing penalties.), As Introduced
The bill would amend the Civil Practice and Remedies Code to make unauthorized practicing as a private process server punishable as a Class C misdemeanor with penalty enhancement to a Class A misdemeanor on subsequent conviction. The bill would also make knowingly or intentionally falsifying a return of civil process punishable as a Class A misdemeanor with penalty enhancement to a state jail felony if the intent was to harm or defraud another.
A Class C Misdemeanor is punishable by a fine not to exceed $500.
A Class A Misdemeanor is punishable by confinement in a county jail for any term of not more than one year, or, in addition to confinement, a fine not to exceed $4,000.
A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.
Broadening the definition of the types of behavior punishable is expected to result in increased demands upon the correctional resources of counties or of the State due to an increase in offenses. For this analysis it is assumed the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.