| 1 | 1 | | By: Hartnett (Senate Sponsor - Rodriguez) H.B. No. 962 |
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| 2 | 2 | | (In the Senate - Received from the House April 18, 2011; |
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| 3 | 3 | | April 20, 2011, read first time and referred to Committee on |
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| 4 | 4 | | Jurisprudence; May 12, 2011, reported favorably by the following |
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| 5 | 5 | | 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 rules regarding return of service. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter B, Chapter 17, Civil Practice and |
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| 13 | 13 | | Remedies Code, is amended by adding Section 17.030 to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | Sec. 17.030. RETURN OF SERVICE. (a) The supreme court |
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| 16 | 16 | | shall adopt rules of civil procedure requiring a person who serves |
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| 17 | 17 | | process to complete a return of service. |
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| 18 | 18 | | (b) The rules: |
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| 19 | 19 | | (1) must provide that the return of service: |
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| 20 | 20 | | (A) is not required to be endorsed or attached to |
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| 21 | 21 | | the original process issued; and |
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| 22 | 22 | | (B) may be electronically filed; and |
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| 23 | 23 | | (2) may require that the following information be |
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| 24 | 24 | | included in the return of service: |
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| 25 | 25 | | (A) the cause number and case name; |
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| 26 | 26 | | (B) the court in which the case has been filed; |
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| 27 | 27 | | (C) the date and time process was received for |
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| 28 | 28 | | service; |
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| 29 | 29 | | (D) the person or entity served; |
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| 30 | 30 | | (E) the address served; |
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| 31 | 31 | | (F) the date of service; |
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| 32 | 32 | | (G) the manner of delivery of service; |
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| 33 | 33 | | (H) a description of process served; |
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| 34 | 34 | | (I) the name of the person serving process; and |
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| 35 | 35 | | (J) if the process server is certified as a |
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| 36 | 36 | | process server by the supreme court, the process server's |
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| 37 | 37 | | identification number. |
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| 38 | 38 | | (c) A person certified by the supreme court as a process |
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| 39 | 39 | | server or a person authorized outside of Texas to serve process |
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| 40 | 40 | | shall sign the return of service under penalty of perjury. The |
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| 41 | 41 | | return of service is not required to be verified. |
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| 42 | 42 | | (d) A person who knowingly or intentionally falsifies a |
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| 43 | 43 | | return of service may be prosecuted for tampering with a |
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| 44 | 44 | | governmental record as provided by Chapter 37, Penal Code. |
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| 45 | 45 | | SECTION 2. Section 17.065(b), Civil Practice and Remedies |
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| 46 | 46 | | Code, is amended to read as follows: |
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| 47 | 47 | | (b) The return of service under this section [shall be |
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| 48 | 48 | | endorsed on or attached to the original process issued and] must: |
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| 49 | 49 | | (1) state when it was served; |
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| 50 | 50 | | (2) state on whom it was served; and |
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| 51 | 51 | | (3) be signed under penalty of perjury [and sworn to] |
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| 52 | 52 | | by the party making the service [before a person authorized by law |
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| 53 | 53 | | to make an affidavit under his hand and seal]. |
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| 54 | 54 | | SECTION 3. Section 17.030, Civil Practice and Remedies |
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| 55 | 55 | | Code, as added by this Act, and Section 17.065, Civil Practice and |
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| 56 | 56 | | Remedies Code, as amended by this Act, apply to all process served |
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| 57 | 57 | | on or after January 1, 2012, without regard to whether the process |
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| 58 | 58 | | was issued before, on, or after that date. |
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| 59 | 59 | | SECTION 4. This Act takes effect January 1, 2012. |
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| 60 | 60 | | * * * * * |
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