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AN ACT
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relating to rules regarding return of service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 17, Civil Practice and |
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Remedies Code, is amended by adding Section 17.030 to read as |
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follows: |
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Sec. 17.030. RETURN OF SERVICE. (a) The supreme court |
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shall adopt rules of civil procedure requiring a person who serves |
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process to complete a return of service. |
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(b) The rules: |
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(1) must provide that the return of service: |
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(A) is not required to be endorsed or attached to |
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the original process issued; and |
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(B) may be electronically filed; and |
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(2) may require that the following information be |
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included in the return of service: |
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(A) the cause number and case name; |
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(B) the court in which the case has been filed; |
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(C) the date and time process was received for |
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service; |
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(D) the person or entity served; |
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(E) the address served; |
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(F) the date of service; |
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(G) the manner of delivery of service; |
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(H) a description of process served; |
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(I) the name of the person serving process; and |
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(J) if the process server is certified as a |
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process server by the supreme court, the process server's |
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identification number. |
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(c) A person certified by the supreme court as a process |
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server or a person authorized outside of Texas to serve process |
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shall sign the return of service under penalty of perjury. The |
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return of service is not required to be verified. |
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(d) A person who knowingly or intentionally falsifies a |
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return of service may be prosecuted for tampering with a |
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governmental record as provided by Chapter 37, Penal Code. |
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SECTION 2. Section 17.065(b), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(b) The return of service under this section [shall be
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endorsed on or attached to the original process issued and] must: |
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(1) state when it was served; |
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(2) state on whom it was served; and |
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(3) be signed under penalty of perjury [and sworn to] |
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by the party making the service [before a person authorized by law
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to make an affidavit under
his hand and seal]. |
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SECTION 3. Section 17.030, Civil Practice and Remedies |
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Code, as added by this Act, and Section 17.065, Civil Practice and |
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Remedies Code, as amended by this Act, apply to all process served |
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on or after January 1, 2012, without regard to whether the process |
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was issued before, on, or after that date. |
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SECTION 4. This Act takes effect January 1, 2012. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 962 was passed by the House on April |
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14, 2011, by the following vote: Yeas 142, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 962 was passed by the Senate on May |
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19, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |