THE “ADA” BILL:
By: Tinderholt H.B. No. 1806
A BILL TO BE ENTITLED
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 30.023 to read as
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 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, 2015.