FEBRUARY 9, 2009-
TPSA FILES ITS FIRST BILL-
House Bill 1076 Makes Assault Against A Process Server Illegal
(But wait, isn't assault already against the law?)
HB 1076 does absolutely nothing of value except to suggest that a process server has some sort of
legal standing. It only serves as a small point being made by the elite few who are wanting to
establish stepping stones to privatize the constables' office.
Two sessions ago, Senate Bill 165 was filed on behalf of select TPSA leaders in an attempt to license
the process service industry. The bill failed, but few know exactly why it was filed when a near perfect
solution to statewide authority was just days from being enacted.
While waiting for a hearing on SB 165 to begin, TPSA leader, Rick Keeney, approached opponents of
the bill and made what can only be described as a last minute effort to change their minds. It seems
Mr. Keeney had devised a plan to get all the business from the constables. The plan was to achieve
licensing and regulation for the industry; and with it, credentials that would make private process
servers almost as official as constables themselves. It's widely known that Mr. Keeney had at that
time an internet evictions website up and running with moving and storage companies waiting in the
wings. Mr. Keeney was set to begin serving forcible entry and detainer citations (F.E.D.s); process
only sheriffs and constables can serve without a special order from the Court. He was ready when SB
165 would become law. All it would take is a higher level of training for private process servers,
namely Mr. Keeney's servers, and a small amendment to the rules of civil procedure to begin
executing F.E.D.s.
This brings us back to HB 1076 filed on behalf of the TPSA last week. This bill is now, and always has
been a part of that plan. Why else would such a bill be filed? Assault is already against the law. There
is little or no history of process servers being assaulted. Is it possible? Sure. Has it happened?
Maybe. But, only a fool would believe that HB 1076 would make serving process safer for the server.
It is a useless bill unless you are trying to place process servers on the same level as public servants
with a goal of privatizing the constables' office.
On the other hand, removing the written order of the court will free up process servers to get a larger
share of the market with no interference from the government. This will establish the fact that the
service of civil process is a job for the private sector. It is no secret that the majority of attorneys
believe that private process servers are more efficient and reliable than constables. They give us
more and more business every year. Removing the requirement for a written order of the court from
Rules 103 & 536 will ultimately work toward releasing all service of civil process to our industry, while
leaving the constables’ offices to law enforcement responsibilities.
If Mr. Keeney’s long range objective is to privatize the service of civil process away from the
constables’ offices, then it appears that he has chosen the exact opposite tactic to achieve his goal.
If he, and others involved in this master plan of his want to serve enforceable writs as well, then let
them become commissioned peace officers. That is not a job for civilians.
Story by:
Tod E. Pendergrass
Editor, Texas Process Watch