| 1 | 1 | | By: Madden (Senate Sponsor - Whitmire) H.B. No. 1381 |
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| 2 | 2 | | (In the Senate - Received from the House April 26, 2011; |
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| 3 | 3 | | April 29, 2011, read first time and referred to Committee on |
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| 4 | 4 | | Criminal Justice; May 12, 2011, reported favorably by the |
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| 5 | 5 | | following vote: Yeas 7, Nays 0; May 12, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the service of civil process on an inmate of the Texas |
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| 11 | 11 | | Department of Criminal Justice. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter B, Chapter 17, Civil Practice and |
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| 14 | 14 | | Remedies Code, is amended by adding Section 17.029 to read as |
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| 15 | 15 | | follows: |
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| 16 | 16 | | Sec. 17.029. SERVICE ON INMATE OF TEXAS DEPARTMENT OF |
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| 17 | 17 | | CRIMINAL JUSTICE. (a) In this section, "inmate" means a person |
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| 18 | 18 | | confined in a facility operated by or under contract with the Texas |
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| 19 | 19 | | Department of Criminal Justice. |
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| 20 | 20 | | (b) In a civil action against an inmate, citation or other |
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| 21 | 21 | | civil process may be served on the inmate by serving a person |
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| 22 | 22 | | designated under Subsection (c) as an agent for service of civil |
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| 23 | 23 | | process. |
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| 24 | 24 | | (c) The warden of each facility operated by or under |
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| 25 | 25 | | contract with the Texas Department of Criminal Justice shall |
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| 26 | 26 | | designate an employee at the facility to serve as an agent for |
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| 27 | 27 | | service of civil process on inmates confined in the facility. |
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| 28 | 28 | | (d) An employee designated under Subsection (c) as an agent |
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| 29 | 29 | | for service of civil process shall promptly deliver any civil |
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| 30 | 30 | | process served on the employee to the appropriate inmate. |
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| 31 | 31 | | SECTION 2. Not later than December 1, 2011, the warden of |
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| 32 | 32 | | each facility operated by or under contract with the Texas |
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| 33 | 33 | | Department of Criminal Justice shall designate an employee at the |
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| 34 | 34 | | facility to serve as an agent for service of civil process as |
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| 35 | 35 | | required by Section 17.029, Civil Practice and Remedies Code, as |
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| 36 | 36 | | added by this Act. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2011. |
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| 38 | 38 | | * * * * * |
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