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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of a person granting access to a gated |
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community to a process server. |
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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 17.033 to read as |
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follows: |
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Sec. 17.033. SERVICE AT GATED COMMUNITY. (a) In this |
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section: |
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(1) "Civil process" means all process issued or |
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sanctioned by a civil court. |
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(2) "Gated community" means a residential subdivision |
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or housing development that contains two or more dwellings not |
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under common ownership and that has a vehicular or pedestrian gate. |
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(3) "Process server" means a person certified by the |
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supreme court who serves civil process. |
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(b) It is an affirmative defense to a civil action for |
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damages arising as a result of a property owner, manager, or |
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security guard granting a person access to a gated community that |
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the property owner, manager, or security guard granted the access |
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in the exercise of reasonable care to a process server, constable, |
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or sheriff for delivery of process. |
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SECTION 2. Section 17.033, Civil Practice and Remedies |
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Code, as added by this Act, applies to all process served on or |
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after the effective date of this Act, without regard to whether the |
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process was issued before, on, or after that date. |
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SECTION 3. This Act takes effect September 1, 2015. |