83R21365 AJA-F
By: Parker H.B. No. 2978
Substitute the following for H.B. No. 2978:
By: Gooden C.S.H.B. No. 2978
A BILL TO BE ENTITLED
AN ACT
relating to service of citation in connection with an expedited
judicial foreclosure proceeding.
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 17.031 to read as
follows:
Sec. 17.031. EXPEDITED FORECLOSURE PROCEEDINGS. (a) For a
power of sale exercised by the filing of an application for an
expedited court order allowing the foreclosure of a contract lien
under the Texas Rules of Civil Procedure, a citation issued to a
person who is a respondent in the expedited order proceeding is
considered complete when service is accomplished in accordance with
Rule 736, Texas Rules of Civil Procedure, or in the manner provided
for petitions under the Texas Rules of Civil Procedure.
(b) 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.