Texas House Bill HB2067

Texas 2013 - 83rd Regular

Caption

Relating to the liability of a person granting access to a gated community to a process server.

Impact

Once enacted, HB2067 aims to clarify and potentially reduce litigation risks faced by those who manage or monitor access to gated communities. For property owners, managers, and security guards, the bill substantially mitigates liability concerns when dealing with process servers, thereby encouraging compliance with legal service requirements. The defined affirmative defense introduces a level of legal assurance, facilitating smoother interactions between law enforcement entities and residential community management.

Summary

House Bill 2067 seeks to address the liability issues surrounding the granting of access to gated communities for process servers. The bill establishes new protective measures for property owners, managers, or security personnel who allow process servers, constables, or sheriffs entry to gated communities. Under this legislation, granting access in a reasonable manner serves as an affirmative defense against civil damages that may arise from this action. Thus, it provides legal protection for these individuals against potential lawsuits related to their actions in facilitating service of civil process.

Contention

Despite its intentions, HB2067 may face scrutiny regarding the balance between security interests of gated communities and the procedural rights of individuals served with civil processes. Public discussions may arise concerning how this bill aligns with overall community safety and access rights within private residential areas. Additionally, defining 'reasonable care' could lead to differing interpretations, potentially complicating enforcement and compliance.