Texas 2009 - 81st Regular

Texas House Bill HB3002 Compare Versions

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1	1	By: Homer (Senate Sponsor - Wentworth) H.B. No. 3002
2	2	(In the Senate - Received from the House May 18, 2009;
3	3	May 19, 2009, read first time and referred to Committee on
4	4	Jurisprudence; May 25, 2009, reported favorably by the following
5	5	vote: Yeas 5, Nays 0; May 25, 2009, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to certain duties, functions, and procedures of county
11	11	clerks, district clerks, and local registrars.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 64.091(d), Civil Practice and Remedies
14	14	Code, is amended to read as follows:
15	15	(d) In an action under Subsection (b)(1):
16	16	(1) the plaintiff, in the verified petition, must name
17	17	the last known owner or the last record owner of the interest as
18	18	defendant;
19	19	(2) the plaintiff must serve notice on the defendant
20	20	by publication as provided by the Texas Rules of Civil Procedure;
21	21	(3) the court may appoint as receiver the county judge
22	22	and his successors[, the county clerk and his successors,] or any
23	23	other resident of the county in which the land is located;
24	24	(4) notwithstanding the Texas Rules of Civil
25	25	Procedure, the applicant is not required to post bond; and
26	26	(5) the receiver is not required to post bond.
27	27	SECTION 2. Section 64.093(d), Civil Practice and Remedies
28	28	Code, is amended to read as follows:
29	29	(d) In an action under Subsection (a):
30	30	(1) the plaintiff, in the petition, must name the last
31	31	known owner or the last record owner of the interest as defendant;
32	32	(2) the plaintiff must serve notice on the defendant
33	33	by publication as provided by the Texas Rules of Civil Procedure;
34	34	(3) the court may appoint as receiver the county
35	35	judge[, the county clerk,] or any other resident of the county in
36	36	which the land is located;
37	37	(4) notwithstanding the Texas Rules of Civil
38	38	Procedure, the applicant is not required to post bond; and
39	39	(5) the receiver is not required to post bond.
40	40	SECTION 3. Chapter 136, Civil Practice and Remedies Code,
41	41	is amended by adding Section 136.002 to read as follows:
42	42	Sec. 136.002. ELECTRONIC CONFIRMATION OF DELIVERY OF
43	43	CERTIFIED MAIL. (a) A district or county clerk who has implemented
44	44	a system for the electronic filing of documents may provide for the
45	45	electronic filing of confirmation of receipt of any document
46	46	otherwise required by statute or rule to be sent by certified mail,
47	47	return receipt requested.
48	48	(b) A clerk shall obtain services for the electronic filing
49	49	of confirmation of receipt of a document from a provider the clerk
50	50	determines is reliable and capable of providing the services. A
51	51	confirmation filed under authority of this section is not subject
52	52	to acknowledgment by the receiving station.
53	53	(c) A confirmation filed electronically in accordance with
54	54	this section is an original record for filing and evidentiary
55	55	purposes.
56	56	SECTION 4. Subchapter I, Chapter 51, Government Code, is
57	57	amended by adding Section 51.808 to read as follows:
58	58	Sec. 51.808. ELECTRONIC CONFIRMATION OF DELIVERY OF
59	59	CERTIFIED MAIL. (a) A district or county clerk who has implemented
60	60	a system for the electronic filing of documents after approval by
61	61	the supreme court under Section 51.803 may, without further
62	62	approval but subject to the supreme court's authority to withdraw
63	63	approval of the system, provide for the electronic filing of
64	64	confirmation of receipt of any document otherwise required by
65	65	statute or rule to be sent by certified mail, return receipt
66	66	requested.
67	67	(b) A clerk shall obtain services for the electronic filing
68	68	of confirmation of receipt of a document from a provider the clerk
69	69	determines is reliable and capable of providing the services. A
70	70	confirmation filed under authority of this section is not subject
71	71	to acknowledgment by the receiving station under Section 51.804.
72	72	(c) A confirmation filed electronically in accordance with
73	73	this section is an original record for filing and evidentiary
74	74	purposes.
75	75	SECTION 5. Section 102.010(c), Family Code, is amended to
76	76	read as follows:
77	77	(c) Citation by publication shall be sufficient if given in
78	78	substantially the following form:
79	79	To (names of persons to be served with citation) and to all whom it
80	80	may concern (if the name of any person to be served with citation is
81	81	unknown), Respondent(s),
82	82	"STATE OF TEXAS
83	83	"You have been sued. You may employ an attorney. If you or
84	84	your attorney do (does) not file a written answer with the clerk who
85	85	issued this citation by 10 a.m. on the Monday next following the
86	86	expiration of 42 [20] days after you were served this citation and
87	87	petition, a default judgment may be taken against you. The petition
88	88	of ______________, Petitioner, was filed in the Court of
89	89	_______________ County, Texas, on the ___ day of _________, _____,
90	90	against __________, Respondent(s), numbered _____, and entitled '
91	91	In the interest of __________, a child (or children).' The suit
92	92	requests (statement of relief requested, e.g., 'terminate the
93	93	parent-child relationship'). The date and place of birth of the
94	94	child (children) who is (are) the subject of the suit:
95	95	_____________.
96	96	"The court has authority in this suit to render an order in
97	97	the child's (children's) interest that will be binding on you,
98	98	including the termination of the parent-child relationship, the
99	99	determination of paternity, and the appointment of a conservator
100	100	with authority to consent to the child's (children's) adoption.
101	101	"Issued and given under my hand and seal of the Court at
102	102	_________, Texas, this the ___ day of _______, ____.
103	103	". . . . . . . . . . . . . . . . .
104	104	Clerk of the District Court of
105	105	______________ County, Texas.
106	106	By _____________, Deputy."
107	107	SECTION 6. Section 159.005(b), Local Government Code, is
108	108	amended to read as follows:
109	109	(b) The county clerk shall make [mail two] copies of the
110	110	form available to each person required to file under this
111	111	subchapter within the time prescribed by Section 572.030(c),
112	112	Government Code.
113	113	SECTION 7. Section 191.030, Health and Safety Code, is
114	114	repealed.
115	115	SECTION 8. As soon as practicable after the effective date
116	116	of this Act, the applicable court shall appoint a replacement
117	117	receiver for each county clerk serving on the effective date of this
118	118	Act as a receiver under Section 64.091 or 64.093, Civil Practice and
119	119	Remedies Code, as those sections existed immediately before the
120	120	effective date of this Act. The court shall provide for the
121	121	transfer of all records, documents, and materials pertaining to the
122	122	receivership from the county clerk to the replacement receiver
123	123	appointed by the court.
124	124	SECTION 9. This Act takes effect immediately if it receives
125	125	a vote of two-thirds of all the members elected to each house, as
126	126	provided by Section 39, Article III, Texas Constitution. If this
127	127	Act does not receive the vote necessary for immediate effect, this
128	128	Act takes effect September 1, 2009.
129	129	* * * * *