83R4788 YDB-F

By: Gooden H.B. No. 2066

A BILL TO BE ENTITLED

AN ACT

relating to the process server review board.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter F, Chapter 72, Government Code, is amended to read as follows:

SUBCHAPTER F. PROCESS SERVER REVIEW BOARD

Sec. 72.091. DEFINITIONS. In this subchapter:

(1) "Board" means the process server review board established by supreme court order.

(2) "Certification" means the authority granted to a person by the board under this subchapter to serve civil process statewide.

(3) "Process server" means an individual who holds a certification issued by the board under this subchapter to serve civil process statewide.

(4) "Texas trade association" means a cooperative and voluntarily joined statewide association of business, occupational, or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

Sec. 72.092. OFFICE. (a) The board is administratively attached to the office.

(b) Notwithstanding any other law, the office shall:

(1) provide administrative assistance, services, and materials to the board, including budget planning and purchasing;

(2) accept, deposit, and disburse money made available to the board;

(3) pay salaries and benefits of the process server program administrator and employees of the board;

(4) provide the board with adequate computer equipment and support; and

(5) pay travel expenses of board members as provided by law.

Sec. 72.093. SUNSET REVIEW. The process server review board established by supreme court order is subject to review under Chapter 325 (Texas Sunset Act), as if it were a state agency but may not be abolished under that chapter. The review shall be conducted as if the process server review board were scheduled to be abolished September 1, 2017.

Sec. 72.094. BOARD MEMBERS. (a) The members of the board are appointed by order of the supreme court.

(b) The supreme court order must provide:

(1) the number of board members;

(2) the length of the board members' terms;

(3) the qualifications of the board members; and

(4) staggered terms of service for board members so that as near as possible to one-third of the board members' terms expire on the same date.

(c) The supreme court order must also designate a presiding officer and an assistant presiding officer. The presiding officer and assistant presiding officer serve in those positions at the pleasure of the supreme court.

(d) If a vacancy occurs on the board, the supreme court shall appoint a successor to serve the remainder of the member's vacated term.

(e) A board member continues to serve until the member's successor is appointed and qualified.

(f) A board member may be reappointed.

(g) Appointments to the board shall be made without regard to the race, color, disability, sex, or national origin of the appointees.

(h) A person may not be a board member if the person or the person's spouse is:

(1) required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of an occupation or profession related to the operations of the board;

(2) an owner, officer, or employee of a school or institution engaged in instructing persons in the service of civil process; or

(3) an officer, employee, or paid consultant of a Texas trade association in the field of the service of process.

Sec. 72.095. BOARD MEMBER TRAINING. A person who is appointed to the board may not vote or deliberate on matters before the board until the person has completed training that provides the person with information regarding:

(1) the programs operated by the board;

(2) the role and functions of the board;

(3) the rules of the supreme court relating to board activities, with emphasis on rules relating to disciplinary and investigatory authority;

(4) the board's budget;

(5) the requirements of the open meetings and records access policies and the rules applicable to the board; and

(6) applicable conflict-of-interest laws.

Sec. 72.096. CERTIFICATION PROGRAM; CONTINUING EDUCATION. (a) The board shall administer a certification program to certify persons serving civil process statewide in accordance with the rules and procedures adopted by the supreme court.

(b) In accordance with supreme court rules, the board shall require continuing education for certification renewal.

Sec. 72.097. COMPLAINTS; DISCIPLINARY ACTION. In accordance with supreme court rules, the board shall investigate complaints filed against process servers and take disciplinary action against process servers who violate this subchapter or rules adopted under this subchapter.

Sec. 72.098. STANDARDS OF ETHICAL CONDUCT. (a) In consultation with the office, the board shall develop standards of ethical conduct for process servers and submit the standards to the supreme court for approval.

(b) The supreme court, after considering the standards and making any modifications to the standards that the supreme court considers necessary, may by rule adopt the standards.

Sec. 72.099. MEETINGS; ACCESS TO RECORDS. (a) In consultation with the office, the board shall develop its meetings policy. The policy must be approved by the supreme court.

(b) Access to the records of the board is governed by Rule 12, Texas Rules of Judicial Administration.

Sec. 72.100. PUBLIC PARTICIPATION. The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.

SECTION 2. Section 72.013, Government Code, is transferred to Subchapter F, Chapter 72, Government Code, redesignated as Section 72.0945, Government Code, and amended to read as follows:

Sec. 72.0945 [72.013]. [PROCESS SERVER REVIEW] BOARD MEMBER COMPENSATION AND REIMBURSEMENT. 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.

SECTION 3. Subchapter F, Chapter 411, Government Code, is amended by adding Section 411.14091 to read as follows:

Sec. 411.14091. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: PROCESS SERVER REVIEW BOARD. (a) The process server review board established by supreme court order as provided by Subchapter F, Chapter 72, is entitled to obtain from the department criminal history record information that relates to a person who is:

(1) an applicant for certification from the board; or

(2) a holder of a certification from the board.

(b) Criminal history record information obtained by the board under Subsection (a):

(1) may be used by the board for any purpose related to the issuance, denial, suspension, revocation, or renewal of a certificate issued by the board;

(2) may not be released or disclosed to any person except on court order or with the consent of the person who is the subject of the information; and

(3) shall be destroyed by the board after the information is used for the authorized purposes.

SECTION 4. Sections 72.094(h) and 72.095, Government Code, as added by this Act, apply only to a member appointed or reappointed to the process server review board on or after the effective date of this Act. A member appointed or reappointed to the board before that date is governed by the law in effect on the date the member was appointed or reappointed, and that law is continued in effect for that purpose.

SECTION 5. This Act takes effect September 1, 2013.