Texas 2009 - 81st Regular

Texas Senate Bill SB1276

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the regulation of service of process; providing criminal and administrative penalties.

Impact

The implications of SB1276 are significant, potentially transforming how civil processes are managed within Texas. By creating a licensing body and enforcing requirements for training and insurance, the bill attempts to protect the integrity of the legal process and enhance accountability among those who perform these essential functions. Additionally, it aims to offer greater transparency in civil proceedings by ensuring that only qualified individuals are permitted to serve legal documents, thereby addressing concerns regarding unlawful practices in civil process service that have been raised in the past.

Summary

SB1276 aims to regulate the service of process in Texas by establishing a licensing requirement for individuals who wish to serve civil process. This bill introduces a structured framework for private process servers, defining their responsibilities and the parameters under which they can operate. Licensure is contingent upon meeting specific criteria, including age requirements, background checks, and successful completion of training similar to that required for law enforcement. This effort seeks to formalize the profession and ensure the integrity of the service of process activities within the state’s legal system.

Contention

Despite these proposed benefits, the bill may encounter contention regarding its implementation and its potential impacts on access to justice. Critics have expressed concerns that imposing rigorous licensing requirements might inadvertently restrict access for individuals who represent themselves or cannot afford licensed servers. Furthermore, there may be pushback regarding the fees associated with the licensing process, which could be perceived as a barrier to entry for potential process servers. Advocates for reform in this area argue for a balance that protects the legal process while ensuring equitable access for all parties involved.

Companion Bills

No companion bills found.

Previously Filed As

TX HB2324

Relating to the regulation of certain health professionals and health facilities; providing civil and administrative penalties; creating a criminal offense.

TX SB895

Relating to the regulation of money services businesses; creating a criminal offense; creating administrative penalties; authorizing the imposition of a fee.

TX SB321

Relating to the production and regulation of hemp; providing administrative penalties; creating a criminal offense.

TX HB3474

Relating to the operation and administration of and practices and procedures regarding proceedings in the judicial branch of state government, including the service of process and delivery of documents related to the proceedings, the administration of oaths, and the management of the Texas Indigent Defense Commission, and the composition of certain juvenile boards; establishing a civil penalty; increasing certain court costs; authorizing fees.

TX HB3890

Relating to the regulation and voluntary licensing of reroofing contractors by the Texas Department of Licensing and Regulation; providing administrative and civil penalties; authorizing fees.

TX SB2245

Relating to the regulation of earned wage access services; creating a criminal offense; providing an administrative penalty; authorizing a fee.

TX HB1942

Relating to the regulation of sports wagering; requiring occupational permits; authorizing fees; imposing a tax; decriminalizing wagering on certain sports events; creating criminal offenses; providing administrative penalties.

TX SB715

Relating to the regulation of sports wagering; requiring occupational permits; authorizing fees; imposing a tax; decriminalizing wagering on certain sports events; creating criminal offenses; providing administrative penalties.

TX HB3583

Relating to the licensing and regulation of youth sports programs; providing civil and administrative penalties; authorizing fees.

TX HB7

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

Similar Bills

No similar bills found.