S.B. No. 2197
AN ACT
relating to fees paid to a constable for serving civil process.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (d), Section 86.021, Local Government
Code, is amended to read as follows:
(d) Regardless of the Texas Rules of Civil Procedure, all
civil process may be served by a constable in the constable's county
or in a county contiguous to the constable's county, except that a
constable who is a party to or interested in the outcome of a suit
may not serve any process related to the suit. All civil process
served by a constable at any time or place is presumed to be served
in the constable's official capacity if under the law the constable
may serve that process in the constable's official capacity. A
constable may not under any circumstances retain a fee paid for
serving civil process in the constable's official capacity other
than the constable's regular salary or compensation. Any fee paid
to a constable for serving civil process in the constable's
official capacity shall be deposited with the county treasurer of
the constable's county.
SECTION 2. The change in law made by this Act applies only
to civil process served by a constable on or after the effective
date of this Act. Civil process served by a constable before the
effective date of this Act is governed by the law in effect
immediately before that date, and that law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2197 passed the Senate on
April 20, 2009, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 29, 2009, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2197 passed the House, with
amendment, on May 26, 2009, by the following vote: Yeas 146,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor