HB 4351

Abstract

Amends the Code of Civil Procedure. Provides that process may (rather than shall) be served by a sheriff, or if the sheriff is disqualified, by a coroner of some county of the State. Removes language providing that process may be served by a person who is licensed or registered as a private detective or by a registered employee of a private detective agency in counties with a population of less than 2,000,000 (and instead allows process to be served in such a manner statewide). Removes language providing that upon motion and in its discretion, the court may appoint as a special process server a private detective agency and, under the appointment, any employee of the private detective agency may serve the process. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Removes language providing that process may be served by a person who is licensed or registered as a private detective or by a registered employee of a private detective agency in counties with a population of less than 2,000,000 (and instead allows process to be served in such a manner statewide). Provides that, in a county of 3,000,000 or more, any person who is licensed or registered as a private detective under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a registered employee of a private detective agency certified under that Act and hired to serve process shall remit $5 of each service fee to the county sheriff. House Floor Amendment No. 2 Provides that the $5 of each service fee to be paid to the sheriff in a county of more than 3,000,000 shall be paid by a person hired to serve summons (instead of process).