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Report of H.B. 2412

Kathy Burrow  | Published on 5/4/2017

May 3, 2017

Report of H.B. 2412

 

Yesterday at the Capitol, Texas Certified Process Servers gathered to oppose H.B. 2412.  Among us present to oppose H.B. 2412, the committee members received phone calls to oppose this bill.  One of the offices told one of the servers who called that they had reached almost 100 phone calls to oppose this bill.  That proves that even during a transition time, we are still united to keep the process service industry with the JBCC.

 

It was a long afternoon waiting for the committee hearing that was scheduled to start at 2:00pm but there were items they had to address and vote on the House Floor before the committee hearing could begin.  We actually didn’t get started until about 7:00pm.  Yes, that is a long lag time but it didn’t go unnoticed or uneventful.  There was approximately, 12-15 of us who gathered in the Capitol Cafeteria as we waited for hours for the committee hearing to begin.

 

Many discussions were addressed as to the presentation needed to oppose H.B. 2412.  There were other conversations of an association many of us were a part of until recently but there was much conversation of a new association that is and has been unveiled in Texas.  Be watching your emails as you will learn of Texas Association of Professional Process Servers “TxAPPS”.  I was told yesterday that the website was just released and information is forth coming to all certified process servers.

 

During this lag time in the cafeteria, we had the opportunity to see our longtime friends and fighters for the industry, one being Keith Oakley.  He sat with us on and off during the afternoon when he could and it was such a fine time to have his presence with us.  He misses everyone and he is looking forward to being the lobbyist for “TxAPPS” for the next legislative session.

 

About 5:30pm, another familiar face appeared, Carl Weeks.  Carl is working with DPS and is doing a fine job for them during legislation.  He sat with us for a short while as well and was able to be present when the hearing began on H.B. 2412.

 

While waiting for the hearing, I received a call during the afternoon that Rep. Scofield’s office had mentioned to one of the callers opposing the bill, that they were misleading into what the bill would do.

 

That sent some of us into action and we immediately paid a visit to Rep. Scofield’s office, yes, your right, they’re not clear as to what this bill would actually do.  Perhaps, Rep. Scofield’s, office should have done more homework to understand the bill but to be educated on how process service actually works and what all it entails.

 

Rep. Schofield’s office had received more calls to oppose the bill.  When asked, how many were in favor, and if I recall correctly, the young man said there were two people.  Yes, two and I won’t even write their names, except call them as we have for years, our opposition in Austin.

 

Finally, at about 7:00pm the committee hearing began.  There were several bills scheduled and ours finally came up about 7:30pm.  Rep. Schofield’s presentation of H.B. 2412 was, let me think of the right word, pathetic.  As Scott Thomas said, “A process server does not just hand a document to a person; the server first makes note of their surroundings as they approach an address to be served, taking notes of license plates in the driveway or on the street; packages on the porch; names on the mail box, etc...  We don't just walk up & hand a piece of paper to an individual without making sure we have the right place & person.

 

It was insulting, to say the least, to hear Rep. Schofield’s explanation of how process service works and how this bill would work.  He attempted to say that H.B. 2412 would not change the JBCC but by the statements of those of us opposing who spoke on behalf of the Texas Certification Program was, myself, Travis Wyatt, President of TxAPPS, Eric Johnson, JBCC, Constable, Carlos Lopez, Chair for Constable Legislative Committee and Judge Bill Gravell, Jr., Williamson County, Justice of the Peace Precinct 3, this lineup pretty much told the whole enchilada of would happen to this industry.

 

At the closing when Rep. Schofield spoke, it became evident that he was singing the song our opposition has sang for the last 12+ years.

 

The bill has gone into Pending and with the time frame left for the 85th Legislative Session, it will more than likely stay in pending and die.  Legislation ends either on May 27th or 29th.

 

If and that’s a big “if” it should come out of pending for the Senate to hear, we’re ready and we will pounce on Rep. Schofield’s explanation of process service.

 

Since we know Rep. Schofield’s knowledge of expression on the process service industry now, the next legislative session “WE” will knock him and the opposition out of the park.

 

Thanks guys.

 

 

Kathy Burrow

CEO - TCPS - SCH274; PI - A07627

Central Texas Litigation Support Services, Inc.

Texas Process Servers Association - President 2012 - 2014

Texas Process Servers Association - President - 2010 to 2012

7215 Bosque Blvd.

Waco, TX. 76710

Office:  254-399-9400

Fax:  254-399-9404

Email:  kburrow@centexlitigation.com

Web:  www.centexlitigation.com