By: Homer (Senate Sponsor - Wentworth) H.B. No. 3002
(In the Senate - Received from the House May 18, 2009;
May 19, 2009, read first time and referred to Committee on
Jurisprudence; May 25, 2009, reported favorably by the following
vote: Yeas 5, Nays 0; May 25, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to certain duties, functions, and procedures of county
clerks, district clerks, and local registrars.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 64.091(d), Civil Practice and Remedies
Code, is amended to read as follows:
(d) In an action under Subsection (b)(1):
(1) the plaintiff, in the verified petition, must name
the last known owner or the last record owner of the interest as
defendant;
(2) the plaintiff must serve notice on the defendant
by publication as provided by the Texas Rules of Civil Procedure;
(3) the court may appoint as receiver the county judge
and his successors[, the county clerk and his successors,] or any
other resident of the county in which the land is located;
(4) notwithstanding the Texas Rules of Civil
Procedure, the applicant is not required to post bond; and
(5) the receiver is not required to post bond.
SECTION 2. Section 64.093(d), Civil Practice and Remedies
Code, is amended to read as follows:
(d) In an action under Subsection (a):
(1) the plaintiff, in the petition, must name the last
known owner or the last record owner of the interest as defendant;
(2) the plaintiff must serve notice on the defendant
by publication as provided by the Texas Rules of Civil Procedure;
(3) the court may appoint as receiver the county
judge[, the county clerk,] or any other resident of the county in
which the land is located;
(4) notwithstanding the Texas Rules of Civil
Procedure, the applicant is not required to post bond; and
(5) the receiver is not required to post bond.
SECTION 3. Chapter 136, Civil Practice and Remedies Code,
is amended by adding Section 136.002 to read as follows:
Sec. 136.002. ELECTRONIC CONFIRMATION OF DELIVERY OF
CERTIFIED MAIL. (a) A district or county clerk who has implemented
a system for the electronic filing of documents may provide for the
electronic filing of confirmation of receipt of any document
otherwise required by statute or rule to be sent by certified mail,
return receipt requested.
(b) A clerk shall obtain services for the electronic filing
of confirmation of receipt of a document from a provider the clerk
determines is reliable and capable of providing the services. A
confirmation filed under authority of this section is not subject
to acknowledgment by the receiving station.
(c) A confirmation filed electronically in accordance with
this section is an original record for filing and evidentiary
purposes.
SECTION 4. Subchapter I, Chapter 51, Government Code, is
amended by adding Section 51.808 to read as follows:
Sec. 51.808. ELECTRONIC CONFIRMATION OF DELIVERY OF
CERTIFIED MAIL. (a) A district or county clerk who has implemented
a system for the electronic filing of documents after approval by
the supreme court under Section 51.803 may, without further
approval but subject to the supreme court's authority to withdraw
approval of the system, provide for the electronic filing of
confirmation of receipt of any document otherwise required by
statute or rule to be sent by certified mail, return receipt
requested.
(b) A clerk shall obtain services for the electronic filing
of confirmation of receipt of a document from a provider the clerk
determines is reliable and capable of providing the services. A
confirmation filed under authority of this section is not subject
to acknowledgment by the receiving station under Section 51.804.
(c) A confirmation filed electronically in accordance with
this section is an original record for filing and evidentiary
purposes.
SECTION 5. Section 102.010(c), Family Code, is amended to
read as follows:
(c) Citation by publication shall be sufficient if given in
substantially the following form:
To (names of persons to be served with citation) and to all whom it
may concern (if the name of any person to be served with citation is
unknown), Respondent(s),
"STATE OF TEXAS
"You have been sued. You may employ an attorney. If you or
your attorney do (does) not file a written answer with the clerk who
issued this citation by 10 a.m. on the Monday next following the
expiration of 42 [20] days after you were served this citation and
petition, a default judgment may be taken against you. The petition
of ______________, Petitioner, was filed in the Court of
_______________ County, Texas, on the ___ day of _________, _____,
against __________, Respondent(s), numbered _____, and entitled '
In the interest of __________, a child (or children).' The suit
requests (statement of relief requested, e.g., 'terminate the
parent-child relationship'). The date and place of birth of the
child (children) who is (are) the subject of the suit:
_____________.
"The court has authority in this suit to render an order in
the child's (children's) interest that will be binding on you,
including the termination of the parent-child relationship, the
determination of paternity, and the appointment of a conservator
with authority to consent to the child's (children's) adoption.
"Issued and given under my hand and seal of the Court at
_________, Texas, this the ___ day of _______, ____.
". . . . . . . . . . . . . . . . .
Clerk of the District Court of
______________ County, Texas.
By _____________, Deputy."
SECTION 6. Section 159.005(b), Local Government Code, is
amended to read as follows:
(b) The county clerk shall make [mail two] copies of the
form available to each person required to file under this
subchapter within the time prescribed by Section 572.030(c),
Government Code.
SECTION 7. Section 191.030, Health and Safety Code, is
repealed.
SECTION 8. As soon as practicable after the effective date
of this Act, the applicable court shall appoint a replacement
receiver for each county clerk serving on the effective date of this
Act as a receiver under Section 64.091 or 64.093, Civil Practice and
Remedies Code, as those sections existed immediately before the
effective date of this Act. The court shall provide for the
transfer of all records, documents, and materials pertaining to the
receivership from the county clerk to the replacement receiver
appointed by the court.
SECTION 9. 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.
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