Frequently Asked Questions regarding House Bill 1806:

FAQ #1:  If HB 1806 becomes law, won’t the door be opened to convicted felons and rapists
serving civil process?

No.  There is no statistical data to support this concern.  If this were an issue, the 19 laws and rules would
not exist.

A.        The Legislature has passed ten laws allowing any disinterested adult to serve civil process in Texas.  
These laws were passed to provide real solutions to real problems.  This concern is “hypothetical” and has
no basis in reality. Over the past 27 years since Rule 103 opened the door to any private citizen serving civil
process in Texas, there has been no statistical data that supports the idea that this is even a potential
problem in Texas.  Thousands of private individuals have served millions of papers in Texas and not one
defendant or witness has reported any concern about this issue.
B        There are 10 existing laws that have for years allowed anyone to serve civil process in Texas without a
written order of the court.  No one has expressed any concern that these laws have somehow opened the
door to criminals serving court documents in Texas.  Every form of subpoena in Texas and all service of
process for the Federal courts have always been served by any disinterested adult, and yet no one
challenges the integrity of people serving those papers.  If there was a legitimate concern, the 19 laws and
rules would not exist.
C.        Persons who have criminal intent do not become process servers in order to perpetrate crimes.  
D.        Such hypothetical arguments only mask an ulterior motive of attempting to protect training dollars,
control competition, or achieve or maintain some other special interest purpose that is unrelated to the
purpose of this bill.

FAQ #2:  Don’t process servers need to be vetted?

Yes, they are already vetted.

A.        Process servers work for licensed attorneys.  They are vetted by their clients.  Any legal or procedural
questions process servers have are answered by their clients.
B.        Existing laws hold process servers to a higher level of accountability than most occupations in
Texas.  Impersonating an officer, criminal trespass, assault, aggravated perjury, filing a fraudulent
document with the court are all crimes that constrain process servers to conduct themselves with integrity
within the laws of this State.  Process server may also be sued in civil court and are accountable to the
courts that issue the papers they serve.

FAQ #3:  Don’t process servers need training?

Yes, but it does not need to be "government mandated."  Training is already available to anyone who feels
they need it.

A.        Nothing in this bill prevents a process server from attending a training course.  If a process server
lacks necessary knowledge of his occupation, the natural forces of the free enterprise system will push
him/her into a different occupation due to inability to obtain or sustain a client base.

FAQ #4:  Won’t this cause the occupation to be flooded with newcomers?

No.  It will do just the opposite.  Free-enterprise dictates that it must be open to anyone who qualifies.

A.        Fewer people will attempt to become process servers.  The industry will bear only as many process
servers as the market can accommodate.  In the past decade, more than 11,000 individuals were certified
under the Supreme Court’s program, and yet, today, there are less than 4,000 process servers in Texas.  
Don’t forget, the bill does not create a new concept, it standardizes an existing concept.  Anyone seeking to
enter the industry may already do so today.

FAQ #5:  Won’t process servers become completely unregulated with no oversight at all?

No.  Please review the inherent elements of accountability and oversight.  If this were an issue, the 19 laws
and rules would not exist.

A.        The
voluntary certification program that has existed over the last decade has produced no record of
process servers being convicted of crimes; and none of the disciplinary actions taken by the Process Server
Review Board should ever have been considered without a code of conduct or code of ethics having existed
by which process servers could clearly understand what actions might sustain a complaint against them.  
All of the PSRB’s disciplinary actions were entirely subjective.  Certified servers are required to report any
conviction of felony or misdemeanor involving moral turpitude.  To date, not one server has reported such a
conviction making this requirement completely unnecessary.
B.        Process servers are vetted by and accountable to their clients who are primarily licensed attorneys.
C.        Judges may call process servers before them to hold them accountable if deemed necessary.
D.        The natural forces of the free enterprise system will force incompetent or otherwise undesirable
process servers out of the occupation.

FAQ #6:  Will this bill destroy the current process server certification program?

No.  Anyone wishing to become or remain certified may do so.

A.        This bill is totally unrelated to the process server certification program.  It affects only the rules
governing the service of civil process pursuant to a written order of the court.  Anyone wishing to continue to
participate in the voluntary certification program may do so.
B.        Any impact upon the voluntary process server certification program that may result from this bill
becoming law would not be based upon the effects of this statute, but rather on the personal choice of the
process server.
C.        The fact that process server certification is voluntary is proof that it has no role to play in protecting
the safety, health and/or welfare of the residents of this State.  Occupational regulation is the exclusive
jurisdiction of the Legislature, and the Legislature has repeatedly refused to statutorily regulate private
process servers for the very reason that the occupation poses no threat of harm to the safety, health and/or
welfare of the residents of this State.  HB 1806 will accomplish the mission statement of the certification
program... to reduce the disparity of those seeking authorization to serve process.

FAQ #7:  If this bill passes, aren’t you concerned that the public will no longer be protected
from untrained process servers who could have a criminal background?

No.  If this were a legitimate issue, the 19 laws and rules would not exist.

A.        Certification was not created to protect the public or it wouldn’t be optional.  The purpose was to
reduce the disparity of ADA’s having to obtain case-by-case orders.  The proposed bill will accomplish this
goal in statute.
B.        Governmental recognition and accreditation that is optional makes no sense.  It is to say that those
not recognized and accredited are unqualified.
C.        Such persons have always been able to serve process in Texas.  There is no statistical date that
indicates there is an actual problem that needs to be addressed.

FAQ #8:  Since certification is “optional” and it comes with additional costs and the threat of
fines, penalties, sanctions, discipline and revocation, why would anyone sign up?

For one reason and one reason only... statewide, across-the-board authority.

A.        Certification is the only way to achieve true statewide authority for the type of papers we serve the
most.  Certification neither applies nor is required to serve the large majority of the different types of
process.  Even the papers we serve the most can be served on local orders, just not statewide.  It’s
important to remember that all citations in Texas are the same and the method of service is the same
statewide.  If a non-certified disinterested adult can serve any Texas citation anywhere, then optional
licensing makes no sense.  Think about how absurd it would be if other licenses were “optional.”  The
current situation is like saying you don’t need a license to drive a Cadillac in Texas, but, you need one to
drive a Chevy.  Different types of process are like different kinds of cars.  Both cars operate the same and
the laws of the road apply statewide making an “optional” driver license a ludicrous proposition.  Such is
the current state of affairs with process service in Texas for one reason... we are not in statute.  HB 1806
will achieve that goal.

FAQ #9:  What does Texas law say about occupational regulation?

A.        Chapter 318 of the Texas Government Code establishes the conditions necessary to implement
occupational regulation.  It makes clear that there must be convincing evidence that regulation and
increased regulation are only necessary to address realistic concerns that without it, the health, safety and
welfare of the public is in danger; and the level of regulation must be the least amount to address that
concern.  Obviously, this law was instrumental in guiding the legislature to pass at least 10 laws that allow
ADA to serve process.

FAQ #10:  Who are the people who want process servers to be more strictly regulated?

A.        This question can best be answered best with another question.  Who is NOT demanding process
servers be more strictly regulated?

The attorneys of Texas are
NOT demanding process servers be more strictly regulated.
The large majority of Texas judges are
NOT demanding process servers be more strictly regulated.
MOST IMPORTANTLY, the public we serve is
NOT demanding process servers be more strictly regulated.

It is this lack of any public demand that not only demonstrates our industry does not warrant more
regulation than that which inherently applies, but, also adheres to the law contained in
Ch. 318 TGC.  Any
other reason represents a special interest agenda that does not conform with the law.