83R2198 TJS-D
By: Dutton H.B. No. 1861
A BILL TO BE ENTITLED
AN ACT
relating to service of process on certain public officials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 30, Civil Practice and Remedies Code, is
amended by adding Section 30.022 to read as follows:
Sec. 30.022. SERVICE OF PROCESS ON CERTAIN PUBLIC
OFFICIALS. (a) Notwithstanding the Texas Rules of Civil
Procedure, any process in a suit against a public official of this
state or a local public official as defined by Section 171.001,
Local Government Code, including citation and other notices, writs,
orders, and other papers issued by a court, may be served as
provided by this section.
(b) Except as provided by the process or an order of the
court, process may be served by delivery of the process:
(1) in person to:
(A) the person to be served;
(B) a coresident, who is at least 16 years of age,
of the person to be served at the person's place of residence;
(C) an agent authorized by appointment or by law
to receive service of process on behalf of the person to be served;
or
(D) a person of suitable age, discretion, and
authority at the principal office of the person to be served; or
(2) by registered or certified mail, return receipt
requested, to the place of residence of the person to be served.
(c) Except as provided by Subsection (d), the return of
service must be endorsed on or attached to the original process
issued and must:
(1) state the date, time, and manner of service;
(2) state the name of the person served;
(3) be signed by the party making the service; and
(4) if applicable, include the certified or registered
mail return receipt, signed by the person to be served.
(d) Process may be served in the manner provided by
Subsection (b)(1)(D) only if three attempts to serve the person
allowed to be served by Subsections (b)(1)(A)-(C), on three
separate calendar days, are unsuccessful. If service is made in
this manner, the person attempting service must state on the return
of service:
(1) the attempts made to serve process;
(2) the reasons service of process was unsuccessful;
and
(3) to the extent it can be determined, where the
person to be served can be located.
(e) Notwithstanding Section 22.004, Government Code, the
supreme court may not amend or adopt rules in conflict with this
section.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.