HELP! Process servers need the protection of their clients!
For decades, a small special interest group has pursued
licensing for private process servers in Texas. The Texas
Legislature has said "NO" some 15 times. The reason? Service
of civil court process by private individuals does not meet the
accepted criteria for regulating an occupation in Texas.
It seems the pro-regulators are after the constables' business.
They want to "privatize" the industry. The only way they can do
that is if the credentials for private servers are raised to a level
that resembles a government employee. This is why their
licensing bills always attempt to raise the penalty for assault on a
private individual serving process to that of a public servant. It is
but one stepping stone to their goal.
The attorneys of Texas already know private process servers do
a much better job than sheriffs and constables. They are more
efficient, responsive and reliable. During a hearing of the Civil
Practices Committee at the 78th legislative session, it was the
Chairman, Representative Joe Nixon, who said, "If you want it
done in six months, give it to a constable. If you want it done in
six hours, give it to a private process server." Rep. Nixon is an
attorney who has relied upon private process servers for years.
The bottom line is this: It is wrong, even un-American, to regulate
a free-enterprise industry for the purpose of controlling or
eliminating competition. A license for our industry would not only
assist the special interest group in their goals, but would place
undue burdens on small business. According to the Texas
Sunset Commission, there are very specific criteria that must be
met when considering the regulation of any occupation. They
are:
1. The public is at risk by practitioners of the occupation or
profession and regulation is needed to protect the public.
2. The occupation or profession requires specialized training
in order to perform the function of the occupation or
profession.
3. There is pervasive fraud within the occupation or profession.
None of these prerequisites exist within the private process
service industry. Thus, regulation is NOT the solution; because
the statutory prerequisites for regulating an industry are NOT the
problem.
We know regulation is inappropriate because Texas attorneys
are not demanding it. Texas Process Watch, and your process
server, are asking for your support, assistance and the kind of
influence you have. We need our clients to tell the Texas
Legislature that they are happy with the level of service and
professionalism they currently receive. We need you to tell them
to remove the last remaining government obstacle that hinders us
from providing efficient and unfettered service, not further burden
us with unsubstantiated red tape. We need you to tell them to
simply remove the need to obtain a written order from the court.
Please do the following:
1. Join the new process servers' association as a supporting
member at www.ccpsat.com. Membership is free. By joining and
providing your email address, you will receive important alerts as
hearing dates are set and action alerts. If you would prefer not to
have your name listed on the supporting member roster, you can
have your email address placed on our email alert system only.
2. Please return to the HOME page for news and other important
industry information. You will find news articles that explain why
removing the written order from the court is the only logical thing
to do.
THANK YOU!
Attorneys
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