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A BILL TO BE ENTITLED
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AN ACT
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relating to service of process on certain public officials. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 30, Civil Practice and Remedies Code, is |
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amended by adding Section 30.022 to read as follows: |
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Sec. 30.022. SERVICE OF PROCESS ON CERTAIN PUBLIC |
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OFFICIALS. (a) Notwithstanding the Texas Rules of Civil |
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Procedure, any process in a suit against a public official of this |
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state or a local public official as defined by Section 171.001, |
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Local Government Code, including citation and other notices, writs, |
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orders, and other papers issued by a court, may be served as |
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provided by this section. |
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(b) Except as provided by the process or an order of the |
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court, process may be served by delivery of the process: |
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(1) in person to: |
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(A) the person to be served; |
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(B) a coresident, who is at least 16 years of age, |
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of the person to be served at the person's place of residence; |
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(C) an agent authorized by appointment or by law |
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to receive service of process on behalf of the person to be served; |
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or |
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(D) a person of suitable age, discretion, and |
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authority at the principal office of the person to be served; or |
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(2) by registered or certified mail, return receipt |
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requested, to the place of residence of the person to be served. |
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(c) Except as provided by Subsection (d), the return of |
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service must be endorsed on or attached to the original process |
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issued and must: |
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(1) state the date, time, and manner of service; |
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(2) state the name of the person served; |
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(3) be signed by the party making the service; and |
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(4) if applicable, include the certified or registered |
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mail return receipt, signed by the person to be served. |
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(d) Process may be served in the manner provided by |
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Subsection (b)(1)(D) only if three attempts to serve the person |
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allowed to be served by Subsections (b)(1)(A)-(C), on three |
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separate calendar days, are unsuccessful. If service is made in |
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this manner, the person attempting service must state on the return |
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of service: |
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(1) the attempts made to serve process; |
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(2) the reasons service of process was unsuccessful; |
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and |
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(3) to the extent it can be determined, where the |
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person to be served can be located. |
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(e) Notwithstanding Section 22.004, Government Code, the |
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supreme court may not amend or adopt rules in conflict with this |
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section. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |