Bill Text: TX HB3849 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the liability of a person granting access to a gated community to a process server.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-23 - Referred to Judiciary & Civil Jurisprudence [HB3849 Detail]
Download: Texas-2015-HB3849-Introduced.html
| By: Leach | H.B. No. 3849 | |
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| relating to the liability of a person granting access to a gated | ||
| community to a process server. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 17, Civil Practice and | ||
| Remedies Code, is amended by adding Section 17.033 to read as | ||
| follows: | ||
| Sec. 17.033. SERVICE AT GATED COMMUNITY. (a) In this | ||
| section: | ||
| (1) "Civil process" means all process issued or | ||
| sanctioned by a civil court. | ||
| (2) "Gated community" means a residential subdivision | ||
| or housing development that contains two or more dwellings not | ||
| under common ownership and that has a vehicular or pedestrian gate. | ||
| (3) "Process server" means a person certified by the | ||
| supreme court who serves civil process. | ||
| (b) It is an affirmative defense to a civil action for | ||
| damages arising as a result of a property owner, manager, or | ||
| security guard granting a person access to a gated community that | ||
| the property owner, manager, or security guard granted the access | ||
| in the exercise of reasonable care to a process server, constable, | ||
| or sheriff for delivery of process. | ||
| SECTION 2. Section 17.033, Civil Practice and Remedies | ||
| Code, as added by this Act, applies to all process served on or | ||
| after the effective date of this Act, without regard to whether the | ||
| process was issued before, on, or after that date. | ||
| SECTION 3. This Act takes effect September 1, 2015. | ||
