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