81R6075 TJS-F
By: Flynn H.B. No. 1069
A BILL TO BE ENTITLED
AN ACT
relating to service of process in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 30, Civil Practice and Remedies Code, is
amended by adding Section 30.013 to read as follows:
Sec. 30.013. PROCESS SERVERS. (a) Notwithstanding the
Texas Rules of Civil Procedure and except as provided by Subsection
(b), any process in a suit, including citation and other notices,
writs, orders, and other papers issued by a court, may be served by
any individual who:
(1) is 18 years of age or older; and
(2) is not a party to the suit or interested in the
outcome of the suit.
(b) Unless otherwise authorized by written court order,
only a sheriff or constable may serve:
(1) a citation in an action of forcible entry and
detainer;
(2) a writ that requires the actual taking of
possession of a person, property, or thing; or
(3) process requiring that an enforcement action be
physically enforced by the person delivering the process.
(c) Except as provided by the process or an order of the
court, process may be served by delivery of the process:
(1) in person to:
(A) the person to be served;
(B) a coresident, who is at least 16 years of age,
of the person to be served at the person's place of abode; or
(C) an agent authorized by appointment or by law
to receive service of process on behalf of the person to be served;
or
(2) by registered or certified mail, return receipt
requested.
(d) On motion of a party, supported by an affidavit, the
court may authorize service in any manner that the affidavit or
other evidence before the court shows is reasonably effective to
give notice to the person to be served. The affidavit must state:
(1) the location of the usual place of abode or usual
place of business of the person to be served, or other place where
the person to be served can probably be found; and
(2) specific facts showing that despite reasonable
diligence, attempted service under Subsection (c)(1)(A) or (2) has
not been successful.
(e) Except as provided by Subsection (g), the return of
service must be endorsed on or attached to the original process
issued and must:
(1) state the date, time, and manner of service;
(2) state the name of the person served;
(3) be signed by the party making the service; and
(4) if applicable, include the certified or registered
mail return receipt, signed by the person to be served.
(f) If process is not served, the person attempting service
must show on the return of service the diligence used to execute
service, the cause of failure to execute service, and where the
defendant can be found, if known.
(g) Proof of service by an alternate method authorized by
the court under Subsection (d) shall be made in the manner ordered
by the court.
(h) Notwithstanding Section 22.004, Government Code, the
supreme court may not amend or adopt rules in conflict with this
section.
SECTION 2. Section A, Article 2.11, Business Corporation
Act, is amended to read as follows:
A. The president, [and] all vice presidents and officers of
the corporation, the managing agent, and the registered agent of
the corporation shall be agents of such corporation upon whom any
process, notice, or demand required or permitted by law to be served
upon the corporation may be served.
SECTION 3. Section 5.255, Business Organizations Code, is
amended to read as follows:
Sec. 5.255. AGENT FOR SERVICE OF PROCESS, NOTICE, OR DEMAND
AS MATTER OF LAW. For the purpose of service of process, notice, or
demand:
(1) the president and each vice president, officer,
managing agent, and registered agent of a domestic or foreign
corporation is an agent of that corporation;
(2) each general partner of a domestic or foreign
limited partnership and each partner and managing agent of a
domestic or foreign general partnership is an agent of that
partnership;
(3) each manager of a manager-managed domestic or
foreign limited liability company and each member of a
member-managed domestic or foreign limited liability company is an
agent of that limited liability company;
(4) each person who is a governing person of a domestic
or foreign entity, other than an entity listed in Subdivisions
(1)-(3), is an agent of that entity; and
(5) each member of a committee of a nonprofit
corporation authorized to perform the chief executive function of
the corporation is an agent of that corporation.
SECTION 4. Article 24.04, Code of Criminal Procedure, is
amended by amending Subsections (a) and (b) and adding Subsection
(a-1) to read as follows:
(a) A subpoena may be served by an officer or an individual.
An individual serving a subpoena must be at least 18 years of age
and may not be a party to the proceeding or interested in the
outcome of the proceeding.
(a-1) A subpoena is served by:
(1) reading the subpoena in the hearing of the
witness;
(2) delivering a copy of the subpoena to the witness;
(3) electronically transmitting a copy of the
subpoena, acknowledgment of receipt requested, to the last known
electronic address of the witness; or
(4) mailing a copy of the subpoena by certified mail,
return receipt requested, to the last known address of the witness
unless:
(A) the applicant for the subpoena requests in
writing that the subpoena not be served by certified mail; or
(B) the proceeding for which the witness is being
subpoenaed is set to begin within seven business days after the date
the subpoena would be mailed.
(b) The officer or individual having the subpoena shall make
due return thereof, showing the time and manner of service, if
served under Subsection (a-1)(1) [(a)(1)] or (2) of this article,
the acknowledgment of receipt, if served under Subsection (a-1)(3)
[(a)(3)] of this article, or the return receipt, if served under
Subsection (a-1)(4) [(a)(4)] of this article. If the subpoena is
not served, the officer or individual shall show in his return the
cause of his failure to serve it. If receipt of an electronically
transmitted subpoena is not acknowledged within a reasonable time
or a mailed subpoena is returned undelivered, the officer or
individual shall use due diligence to locate and serve the witness.
If the witness could not be found, the officer or individual shall
state the diligence he has used to find him, and what information he
has as to the whereabouts of the witness.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.