Bill Text: TX HB1391 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to service of process in this state.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-02-26 - Referred to Judiciary & Civil Jurisprudence [HB1391 Detail]
Download: Texas-2013-HB1391-Introduced.html
| 83R8251 CAE-F | ||
| By: Harper-Brown | H.B. No. 1391 | |
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| relating to service of process in this state. | ||
| 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. PROCESS SERVERS. (a) Notwithstanding the | ||
| Texas Rules of Civil Procedure and except as provided by Subsection | ||
| (b), any process in a suit, including citation and other notices, | ||
| writs, orders, and other papers issued by a court, may be served by | ||
| any individual who: | ||
| (1) is 18 years of age or older; and | ||
| (2) is not a party to the suit or interested in the | ||
| outcome of the suit. | ||
| (b) Unless otherwise authorized by written court order, | ||
| only a sheriff or constable may serve: | ||
| (1) a citation in an action of forcible entry and | ||
| detainer; | ||
| (2) a writ that requires the actual taking of | ||
| possession of a person, property, or thing; or | ||
| (3) a writ requiring that an enforcement action be | ||
| physically enforced by the person delivering the process. | ||
| SECTION 2. This Act applies to the service of process on or | ||
| after the effective date of this Act, without regard to whether the | ||
| suit commenced before, on, or after that date. | ||
| SECTION 3. 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. | ||
