Texas Senate Bill SB1388

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/6/09
• Voted on by Senate: 5/4/09

Caption

Relating to process server certification and the establishment of a certification division within the Office of Court Administration of the Texas Judicial System.

Impact

By introducing a certification requirement and establishing a dedicated division for oversight, SB1388 significantly impacts the regulations governing process servers in Texas. It requires all individuals wishing to act as process servers to obtain certification, which could lead to a more uniform quality of services across the state. Furthermore, the bill establishes a financial framework for the certification process, allowing for fees that support the necessary administrative functions linked to certification and oversight.

Summary

SB1388 focuses on establishing a certification process for process servers and creating a certification division within the Office of Court Administration of the Texas Judicial System. The bill outlines the authority and responsibilities of the process server review board, which is responsible for recommending certification fees to the supreme court. This framework aims to ensure that process servers operate under a standardized set of regulations, thereby enhancing the professionalism and effectiveness of the service they provide in the judicial system.

Contention

Debate over SB1388 has raised several points of contention, especially concerning the potential financial impact on current and aspiring process servers. While supporters argue that a structured certification process will enhance the integrity of service delivery and serve to filter out unqualified individuals, opponents may express concerns regarding the fees set for certification and the implications this might have for access to the profession. Additionally, there might be questions related to the independence of the process server review board and the influence of the supreme court in determining fees, leading to discussions about accountability and transparency in the regulatory framework established by this bill.