| 1 | 1 | | By: Gooden, Pitts, Jackson H.B. No. 1614 |
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| 2 | 2 | | (Senate Sponsor - Deuell) |
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| 3 | 3 | | (In the Senate - Received from the House April 19, 2011; |
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| 4 | 4 | | April 26, 2011, read first time and referred to Committee on |
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| 5 | 5 | | Jurisprudence; May 12, 2011, reported favorably by the following |
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| 6 | 6 | | vote: Yeas 7, Nays 0; May 12, 2011, sent to printer.) |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to fees for process server certification. |
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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 A, Chapter 51, Government Code, is |
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| 14 | 14 | | amended by adding Section 51.008 to read as follows: |
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| 15 | 15 | | Sec. 51.008. FEES FOR PROCESS SERVER CERTIFICATION. |
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| 16 | 16 | | (a) The process server review board established by supreme court |
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| 17 | 17 | | order may recommend to the supreme court the fees to be charged for |
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| 18 | 18 | | process server certification and renewal of certification. The |
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| 19 | 19 | | supreme court must approve the fees recommended by the process |
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| 20 | 20 | | server review board before the fees may be collected. |
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| 21 | 21 | | (b) If a certification is issued or renewed for a term that |
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| 22 | 22 | | is less than the certification period provided by supreme court |
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| 23 | 23 | | rule, the fee for the certification shall be prorated so that the |
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| 24 | 24 | | process server pays only that portion of the fee that is allocable |
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| 25 | 25 | | to the period during which the certification is valid. On renewal |
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| 26 | 26 | | of the certification on the new expiration date, the process server |
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| 27 | 27 | | must pay the entire certification renewal fee. |
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| 28 | 28 | | (c) The Office of Court Administration of the Texas Judicial |
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| 29 | 29 | | System may collect the fees recommended by the process server |
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| 30 | 30 | | review board and approved by the supreme court. Fees collected |
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| 31 | 31 | | under this section shall be sent to the comptroller for deposit to |
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| 32 | 32 | | the credit of the general revenue fund and may be appropriated only |
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| 33 | 33 | | to the office for purposes of this section. |
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| 34 | 34 | | SECTION 2. (a) The fees recommended and approved under |
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| 35 | 35 | | Section 51.008, Government Code, as added by this Act, apply to: |
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| 36 | 36 | | (1) each person who holds a process server |
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| 37 | 37 | | certification on the effective date of this Act; and |
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| 38 | 38 | | (2) each person who applies for process server |
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| 39 | 39 | | certification on or after the effective date of this Act. |
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| 40 | 40 | | (b) The Office of Court Administration of the Texas Judicial |
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| 41 | 41 | | System shall prorate the process server certification fee so that a |
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| 42 | 42 | | person who holds a process server certification on the effective |
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| 43 | 43 | | date of this Act pays only that portion of the fee that is allocable |
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| 44 | 44 | | to the period during which the certification is valid. On renewal |
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| 45 | 45 | | of the certification on the new expiration date, the entire |
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| 46 | 46 | | certification renewal fee is payable. |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2011. |
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| 48 | 48 | | * * * * * |
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