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News / Articles

Legislative Update - Fall 2017

Toni Luttrell  | Published on 10/13/2017

 

  LEGISLATIVE UPDATE- FALL 2017  


The last issue of “Amicus Curiae” reported on the Texas’ new process server laws which were enacted during the 85th Legislative session.

 

On September 1st, SB 43 came into effect.  The law changes the certification period of process servers from 3 years to 2 years.  The legislation standardizes process servers into the same fee pay period as the other industries (Court Reporters, Guardians, Court Interpreters) governed by the Judicial Branch Certification Commission, otherwise known as the JBCC. Further, according to the Process Server Certification Advisory Board, the shorter time period will help prevent losing track of servers.  The new certification period actually starts on January 1, 2018.

 

New rules will be drafted, offered for a public comment period of 30 days, and adopted by January 1st, as well.  Other changes with regard to process servers are expected once the Supreme Court approves them.  Items to be considered are:

 

  • Changing the Continuing Education component (possibly to 8 hours for 2 years, instead of 12 for 3 years)
  • Changing the fee for certification (possibly from $225 for 3 years to $200 for 2 years)

 

There are many opportunities for process servers to get involved by attending meetings of the Process Server Certification Advisory Board and/or the JBCC.  Their meetings are public and provide servers with a window into their operations and an opportunity to make their opinions known.  Go to the JBCC website at http://www.txcourts.gov/jbcc/process-server-certification/ for further information.