| 2 | | - | (In the Senate - Filed March 6, 2015; March 11, 2015, read |
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| 3 | | - | first time and referred to Committee on State Affairs; May 6, 2015, |
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| 4 | | - | reported adversely, with favorable Committee Substitute by the |
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| 5 | | - | following vote: Yeas 9, Nays 0; May 6, 2015, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 7 | | - | COMMITTEE SUBSTITUTE FOR S.B. No. 1022 By: Nelson |
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| 8 | 2 | | |
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| 9 | 3 | | |
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| 10 | 4 | | A BILL TO BE ENTITLED |
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| 11 | 5 | | AN ACT |
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| 12 | 6 | | relating to an unsworn declaration made by a private process server |
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| 13 | 7 | | in the performance of the server's job duties. |
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| 14 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 9 | | SECTION 1. Section 132.001, Civil Practice and Remedies |
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| 16 | 10 | | Code, is amended by amending Subsection (d) and adding Subsection |
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| 17 | 11 | | (g) to read as follows: |
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| 18 | 12 | | (d) Except as provided by Subsections (e), [and] (f), and |
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| 19 | 13 | | (g), an unsworn declaration made under this section must include a |
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| 20 | 14 | | jurat in substantially the following form: |
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| 21 | 15 | | "My name is __________ _________ ____________, my |
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| 22 | 16 | | (First) (Middle) (Last) |
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| 23 | 17 | | date of birth is _________________, and my address is |
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| 24 | 18 | | _____________, ____________, _________, _________, |
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| 25 | 19 | | (Street) (City) (State) (Zip Code) |
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| 26 | 20 | | and __________________. I declare under penalty of |
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| 27 | 21 | | (Country) |
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| 28 | 22 | | perjury that the foregoing is true and correct. |
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| 29 | 23 | | Executed in _______ County, State of ________, on |
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| 30 | 24 | | the ________ day of ________, ________. |
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| 31 | 25 | | (Month) (Year) |
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| 32 | 26 | | ____________________ |
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| 33 | 27 | | Declarant" |
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| 34 | 28 | | (g) An unsworn declaration made under this section by a |
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| 35 | 29 | | private process server in the performance of the server's job |
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| 36 | 30 | | duties must include a jurat in substantially the following form: |
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| 37 | 31 | | "My name is ___________ __________ ___________, |
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| 38 | 32 | | (First) (Middle) (Last) |
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| 39 | 33 | | and I am a private process server with the following |
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| 40 | 34 | | Judicial Branch Certification Commission |
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| 41 | 35 | | identification number: __________________. I am |
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| 42 | 36 | | executing this declaration as part of my assigned |
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| 43 | 37 | | duties and responsibilities. I declare under penalty |
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| 44 | 38 | | of perjury that the foregoing is true and correct. |
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| 45 | 39 | | Executed in _____________ County, State of |
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| 46 | 40 | | _________, on the _____ day of ________, _______. |
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| 47 | 41 | | (Month) (Year) |
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| 48 | 42 | | ____________________ |
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| 49 | 43 | | Declarant" |
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| 50 | 44 | | SECTION 2. Section 132.001(g), Civil Practice and Remedies |
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| 51 | 45 | | Code, as added by this Act, applies only to an unsworn declaration |
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| 52 | 46 | | executed on or after the effective date of this Act. An unsworn |
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| 53 | 47 | | declaration executed before the effective date of this Act is |
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| 54 | 48 | | governed by the law in effect immediately before the effective date |
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| 55 | 49 | | of this Act, and that law is continued in effect for that purpose. |
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| 56 | 50 | | SECTION 3. This Act takes effect September 1, 2015. |
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