Previously we published an article in reference to Texas HB1806. In an effort to publish only accurate information, we have rewritten the article to more correctly reflect the bill as well as the role of certification in Texas.
Texas HB 1806 would have opened up the ability to serve citations and court orders to any individual over 18 years of age who is not a party to suit or interested in the outcome.
Currently in Texas, process servers can only serve these in one of two ways: by special appointment on a case by case basis, which take up two weeks or more to obtain, or by becoming certified.
The certification process is currently not a requirement, but in order to stay competitive many process servers have elected to become certified. Otherwise, upon hearing service cannot be effectuated for two weeks, a client may seek a certified process server who can serve the documents as soon as they are received.
At a judiciary hearing on May 6th, the Texas Process Servers Association (TPSA) president Dennis Cromwell and Rick Keeney, from Professional Civil Process, spoke against the bill.
HB 1806 ultimately wound up failing to pass. Now that the session is over, it is unclear whether or not the bill will be reintroduced in the new session.
The proposed bill would have added in a new section which read as follows:
Sec. 30.023. 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