The Civil Process Servers Association of Texas

April 25, 2015

To:  CPSAT Members, process servers and attorneys in Texas
Re:  House Bill 1806 - SUPPORT!

Dear CPSAT Member,

Your active support is necessary to help HB 1806 become law.  Pursuant to current laws
and rules, all types of civil court process may be served by any disinterested adult.  "Any
disinterested adult" is a standard that has existed for 30+ years and is defined by the Texas
Rules of Civil Procedure, Rule 103 (and 501) as:

"...any person
authorized by law or by written order of the court who is not less than
eighteen years of age...[and] who is [not] a party to or interested in the outcome of the
suit..."  [This is the "any disinterested adult" or "ADA" standard.]

Pursuant to this rule, any disinterested adult can be authorized to deliver Texas civil
process one of two ways;
by "law" or by "written order of the court."  Right now, we are
exclusively authorized by written order of the court because statewide authority does not
exist in statute.  House Bill 1806 will simply codify the existing ADA standard into statute so
that we will be "authorized by law."

THE OVERALL GOAL OF HB 1806:
Place process servers in statute, conformity in government, reduce disparities, and reduce
redundant laws and rules.  The bill will not directly affect certification by the Texas Supreme
Court/JBCC.  Anyone wishing to become or remain certified may do so.  The bill will not
affect the availability of training courses.

THE NEED FOR HB 1806:  
Establish in law an already existing and lawfully established
Any Disinterested Adult (ADA)
Standard
into a single, statewide, across-the-board standard.  The ADA standard is not a
new concept.  Over the last 3 decades, it has been founded in at least 19 laws and rules
currently in effect.  The United States Supreme Court originally created the ADA standard.  
Service of all US District Court summons and subpoenas, including criminal and grand jury
subpoenas in all 50 states may be served by ADA. The majority of states recognize the
federal rules for their statewide ADA standard, including Texas.  
(read the 19 ADA laws & rules)

JUSTIFICATION FOR THE CURRENT ADA LAWFUL PROVISIONS:  The reason
there are so many laws and rules that allow ADA to serve process is because there are
several elements of accountability and oversight that are inherent to the service of process
everywhere.  These elements apply both to law enforcement officers and private process
servers.  These inherent elements have proven adequate to protect the public and are the
reason the ADA standard exists.  
(read the inherent elements of accountability and oversight)

INDUSTRY BENEFITS REALIZED BY HB 1806:
We will achieve true statewide authority in law for all forms of process we currently serve.
We will remain subject to regulation inherent to the service of process everywhere.
We will remain accountable to the courts, attorneys and citizens of Texas.

WHAT HB 1806 WILL NOT DO:
Will not create a new class or category of process servers
Will
not increase or decrease the types of process we currently serve
Will
not repeal certification by the Supreme Court / JBCC
Will
not affect availability of training courses
Will
not cause "every Joe off the street" to flood the market
Will
not cause dangerous criminals to become process servers
Will
not threaten your career or livelihood
Will
not remove the current regulation and oversight inherent to our job
Will
not remove our accountability to the attorneys, courts and citizens of Texas

FREQUENTLY ASKED QUESTIONS

TEXT OF HB 1806

Please check the TexasProcessWatch.com (ccpsat.org) website often for updates and calls
to action.  If you are interested in joining our Legislative Team, please call or email me.

Sincerely,
Tod E. Pendergrass
CPSAT Director
(512) 447-2300
email:  
admin@texasprocesswatch.com


HOME
REPORTED STATISTICS - Texas:
# of process servers:  +/-5000
# of certified process servers:  3528
# of certifications issued:  11,447
# of papers served to date:  Millions
# of servers revoked for crime:  0
# of job related convictions:  0, unknown
# of civil judgments:  0, unknown
Update Stats:
admin@texasprocesswatch.com