| 1 | 1 | | 81R3469 JSC-F |
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| 2 | 2 | | By: Harless, Martinez, Guillen H.B. No. 1987 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to fees paid to a constable for serving civil process. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 86.021(d), Local Government Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (d) Regardless of the Texas Rules of Civil Procedure, all |
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| 12 | 12 | | civil process may be served by a constable in the constable's county |
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| 13 | 13 | | or in a county contiguous to the constable's county, except that a |
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| 14 | 14 | | constable who is a party to or interested in the outcome of a suit |
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| 15 | 15 | | may not serve any process related to the suit. All civil process |
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| 16 | 16 | | served by a constable at any time or place is presumed to be served |
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| 17 | 17 | | in the constable's official capacity if under the law the constable |
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| 18 | 18 | | may serve that process in the constable's official capacity. A |
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| 19 | 19 | | constable may not under any circumstances retain a fee paid for |
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| 20 | 20 | | serving civil process in the constable's official capacity other |
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| 21 | 21 | | than the constable's regular salary or compensation. Any fee paid |
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| 22 | 22 | | to a constable for serving civil process in the constable's |
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| 23 | 23 | | official capacity shall be deposited with the county treasurer of |
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| 24 | 24 | | the constable's county. |
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| 25 | 25 | | SECTION 2. The change in law made by this Act applies only |
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| 26 | 26 | | to civil process served by a constable on or after the effective |
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| 27 | 27 | | date of this Act. Civil process served by a constable before the |
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| 28 | 28 | | effective date of this Act is governed by the law in effect |
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| 29 | 29 | | immediately before that date, and that law is continued in effect |
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| 30 | 30 | | for that purpose. |
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| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2009. |
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