| 1 | 1 | | By: Tinderholt H.B. No. 1806 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to service of process in this state. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Chapter 30, Civil Practice and Remedies Code, is |
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| 9 | 9 | | amended by adding Section 30.023 to read as follows: |
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| 10 | 10 | | Sec. 30.023. PROCESS SERVERS. (a) Notwithstanding the |
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| 11 | 11 | | Texas Rules of Civil Procedure and except as provided by Subsection |
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| 12 | 12 | | (b), any process in a suit, including citation and other notices, |
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| 13 | 13 | | writs, orders, and other papers issued by a court, may be served by |
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| 14 | 14 | | any individual who: |
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| 15 | 15 | | (1) is 18 years of age or older; and |
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| 16 | 16 | | (2) is not a party to the suit or interested in the |
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| 17 | 17 | | outcome of the suit. |
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| 18 | 18 | | (b) Unless otherwise authorized by written court order, |
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| 19 | 19 | | only a sheriff or constable may serve: |
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| 20 | 20 | | (1) a citation in an action of forcible entry and |
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| 21 | 21 | | detainer; |
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| 22 | 22 | | (2) a writ that requires the actual taking of |
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| 23 | 23 | | possession of a person, property, or thing; or |
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| 24 | 24 | | (3) a writ requiring that an enforcement action be |
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| 25 | 25 | | physically enforced by the person delivering the process. |
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| 26 | 26 | | SECTION 2. This Act applies to the service of process on or |
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| 27 | 27 | | after the effective date of this Act, without regard to whether the |
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| 28 | 28 | | suit commenced before, on, or after that date. |
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| 29 | 29 | | SECTION 3. This Act takes effect immediately if it receives |
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| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 33 | | Act takes effect September 1, 2015. |
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