Texas 2009 - 81st Regular

Texas House Bill HB1069 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6075 TJS-F
2	2	By: Flynn H.B. No. 1069
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to service of process in this state.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 30, Civil Practice and Remedies Code, is
10	10	amended by adding Section 30.013 to read as follows:
11	11	Sec. 30.013. PROCESS SERVERS. (a) Notwithstanding the
12	12	Texas Rules of Civil Procedure and except as provided by Subsection
13	13	(b), any process in a suit, including citation and other notices,
14	14	writs, orders, and other papers issued by a court, may be served by
15	15	any individual who:
16	16	(1) is 18 years of age or older; and
17	17	(2) is not a party to the suit or interested in the
18	18	outcome of the suit.
19	19	(b) Unless otherwise authorized by written court order,
20	20	only a sheriff or constable may serve:
21	21	(1) a citation in an action of forcible entry and
22	22	detainer;
23	23	(2) a writ that requires the actual taking of
24	24	possession of a person, property, or thing; or
25	25	(3) process requiring that an enforcement action be
26	26	physically enforced by the person delivering the process.
27	27	(c) Except as provided by the process or an order of the
28	28	court, process may be served by delivery of the process:
29	29	(1) in person to:
30	30	(A) the person to be served;
31	31	(B) a coresident, who is at least 16 years of age,
32	32	of the person to be served at the person's place of abode; or
33	33	(C) an agent authorized by appointment or by law
34	34	to receive service of process on behalf of the person to be served;
35	35	or
36	36	(2) by registered or certified mail, return receipt
37	37	requested.
38	38	(d) On motion of a party, supported by an affidavit, the
39	39	court may authorize service in any manner that the affidavit or
40	40	other evidence before the court shows is reasonably effective to
41	41	give notice to the person to be served. The affidavit must state:
42	42	(1) the location of the usual place of abode or usual
43	43	place of business of the person to be served, or other place where
44	44	the person to be served can probably be found; and
45	45	(2) specific facts showing that despite reasonable
46	46	diligence, attempted service under Subsection (c)(1)(A) or (2) has
47	47	not been successful.
48	48	(e) Except as provided by Subsection (g), the return of
49	49	service must be endorsed on or attached to the original process
50	50	issued and must:
51	51	(1) state the date, time, and manner of service;
52	52	(2) state the name of the person served;
53	53	(3) be signed by the party making the service; and
54	54	(4) if applicable, include the certified or registered
55	55	mail return receipt, signed by the person to be served.
56	56	(f) If process is not served, the person attempting service
57	57	must show on the return of service the diligence used to execute
58	58	service, the cause of failure to execute service, and where the
59	59	defendant can be found, if known.
60	60	(g) Proof of service by an alternate method authorized by
61	61	the court under Subsection (d) shall be made in the manner ordered
62	62	by the court.
63	63	(h) Notwithstanding Section 22.004, Government Code, the
64	64	supreme court may not amend or adopt rules in conflict with this
65	65	section.
66	66	SECTION 2. Section A, Article 2.11, Business Corporation
67	67	Act, is amended to read as follows:
68	68	A. The president, [and] all vice presidents and officers of
69	69	the corporation, the managing agent, and the registered agent of
70	70	the corporation shall be agents of such corporation upon whom any
71	71	process, notice, or demand required or permitted by law to be served
72	72	upon the corporation may be served.
73	73	SECTION 3. Section 5.255, Business Organizations Code, is
74	74	amended to read as follows:
75	75	Sec. 5.255. AGENT FOR SERVICE OF PROCESS, NOTICE, OR DEMAND
76	76	AS MATTER OF LAW. For the purpose of service of process, notice, or
77	77	demand:
78	78	(1) the president and each vice president, officer,
79	79	managing agent, and registered agent of a domestic or foreign
80	80	corporation is an agent of that corporation;
81	81	(2) each general partner of a domestic or foreign
82	82	limited partnership and each partner and managing agent of a
83	83	domestic or foreign general partnership is an agent of that
84	84	partnership;
85	85	(3) each manager of a manager-managed domestic or
86	86	foreign limited liability company and each member of a
87	87	member-managed domestic or foreign limited liability company is an
88	88	agent of that limited liability company;
89	89	(4) each person who is a governing person of a domestic
90	90	or foreign entity, other than an entity listed in Subdivisions
91	91	(1)-(3), is an agent of that entity; and
92	92	(5) each member of a committee of a nonprofit
93	93	corporation authorized to perform the chief executive function of
94	94	the corporation is an agent of that corporation.
95	95	SECTION 4. Article 24.04, Code of Criminal Procedure, is
96	96	amended by amending Subsections (a) and (b) and adding Subsection
97	97	(a-1) to read as follows:
98	98	(a) A subpoena may be served by an officer or an individual.
99	99	An individual serving a subpoena must be at least 18 years of age
100	100	and may not be a party to the proceeding or interested in the
101	101	outcome of the proceeding.
102	102	(a-1) A subpoena is served by:
103	103	(1) reading the subpoena in the hearing of the
104	104	witness;
105	105	(2) delivering a copy of the subpoena to the witness;
106	106	(3) electronically transmitting a copy of the
107	107	subpoena, acknowledgment of receipt requested, to the last known
108	108	electronic address of the witness; or
109	109	(4) mailing a copy of the subpoena by certified mail,
110	110	return receipt requested, to the last known address of the witness
111	111	unless:
112	112	(A) the applicant for the subpoena requests in
113	113	writing that the subpoena not be served by certified mail; or
114	114	(B) the proceeding for which the witness is being
115	115	subpoenaed is set to begin within seven business days after the date
116	116	the subpoena would be mailed.
117	117	(b) The officer or individual having the subpoena shall make
118	118	due return thereof, showing the time and manner of service, if
119	119	served under Subsection (a-1)(1) [(a)(1)] or (2) of this article,
120	120	the acknowledgment of receipt, if served under Subsection (a-1)(3)
121	121	[(a)(3)] of this article, or the return receipt, if served under
122	122	Subsection (a-1)(4) [(a)(4)] of this article. If the subpoena is
123	123	not served, the officer or individual shall show in his return the
124	124	cause of his failure to serve it. If receipt of an electronically
125	125	transmitted subpoena is not acknowledged within a reasonable time
126	126	or a mailed subpoena is returned undelivered, the officer or
127	127	individual shall use due diligence to locate and serve the witness.
128	128	If the witness could not be found, the officer or individual shall
129	129	state the diligence he has used to find him, and what information he
130	130	has as to the whereabouts of the witness.
131	131	SECTION 5. This Act takes effect immediately if it receives
132	132	a vote of two-thirds of all the members elected to each house, as
133	133	provided by Section 39, Article III, Texas Constitution. If this
134	134	Act does not receive the vote necessary for immediate effect, this
135	135	Act takes effect September 1, 2009.