MARCH 30, 2009-
TPSA LEADERS USE ASSOCIATION MONEY TO FILE STRICT
LICENSING BILL BEHIND MEMBERS’ BACKS…
Dear Process Servers,
TPSA LEADERS USE ASSOCIATION MONEY TO FILE STRICT LICENSING BILL BEHIND MEMBERS’ BACKS…
Last week, I found out about a licensing bill filed by Senator Mario Gallegos. I was not surprised for a
couple of reasons. One, the constables are out for blood and this bill, Senate Bill 1276, is exactly what
I would expect from them. They want to put us out of business. Among other things, the bill would
prevent us from charging more than what they charge, would take away our authority to serve ALL
WRITS, and it would require us to maintain a 1 million dollar insurance policy costing $800 – $1000 or
more per year.
So, I called Sen. Gallegos’ office to find out why such a strict bill had been filed when there is no
evidence to support any of the bill’s provisions. To my absolute shock, I was informed that the bill was
filed on behalf of “constables, the process servers association and Keith Oakley.” Well, the
association is the Texas Process Servers Association (TPSA) and Keith Oakley is their registered
lobbyist. Needless to say, I was beyond astounded. Making matters worse, Keith Oakley is also the
registered lobbyist for the Texas Association of Licensed Investigators, of which I am a member, and
TALI members have no idea this bill has been filed or how it will impact their businesses.
These are just some of the outrageous provisions included in SB 1276:
You can’t charge more than the constable; this will affect our profits and ability to network.
It removes our authority to serve all writs; no more TRO’s, Show Cause Orders, Writs of Garnishments,
Protective Orders, Injunctions, etc. This is classic constable type restrictions.
It requires yearly renewal, yearly criminal background check, yearly fees, and training of 12 hours per
year; this means at least two days of training every 12 months to complete a 12 hour course for an
industry that has had only 3 or 4 rule changes in the last 30 years.
It requires us to wear a name tag at all times that identifies us as process servers; people will quit
opening their doors and be more prone to lie to us.
It requires a one million dollar insurance policy costing $800.00 to $1000.00 or more per year;
constables are only required to be bonded to $2500.00.
Anyone having any convictions for anything will be ineligible no matter how many years have passed.
If you have ever received deferred adjudication for any crime (even a traffic ticket), you will be
ineligible.
This is a constables’ bill through and through; and it is designed to eliminate their competition. None
of these provisions are supported with evidence. For instance, there is no evidence that any process
server in Texas has ever had a 1 million dollar judgment entered against him/her. There hasn’t even
been a $100,000 judgment against a process server. This proves the inclusion of such a requirement
is not meant to protect the public; it is meant to eliminate small businessmen and women.
PRIVATE INVESTIGATORS:
SB 1276 will affect every private investigator who also serves process. There is no exemption for PI’s
to bypass the criminal background check and PI’s will have to take 12 more hours every year on top of
the mountain of continuing education they are already required to take. Adding a process service
provision to your existing insurance policy will likely cause an increase in premiums.
COURT REPORTERS & RECORDS PROCUREMENT COMPANIES:
SB 1276 has an exemption for certified court reporters, however, it does not cover the court reporters
staff. Most court reporters utilize their field representatives to serve subpoenas, pick up records,
and handle other out-of-the-office duties while the court reporter attends strictly to reporting duties.
Hundreds of records procurement companies will be required to become licensed just to procure
records. There is absolutely no evidence to support a need to license people who serve subpoenas
in any form.
HOUSE BILL 1069-
Right after they filed their licensing bill, TPSA leaders began a smear campaign aimed at one bill that
would not only secure your statewide authority, but enable you to save thousands of dollars, HB 1069.
This bill is the answer. It WILL NOT cause of flood of people to enter our industry. It WILL NOT cause
felons and other criminals to flood the market. These are LIES perpetrated by TPSA leaders who have
no evidence to support them. On the other hand, I can prove to you that HB 1069 will not cause a
flood of new process servers, criminals or otherwise. Why are TPSA leaders trying to keep us all from
saving thousands of dollars every year?
Attn: TPSA MEMBERS
After months of telling members they would work to keep us all certified, they secretly filed a strict
licensing bill behind your backs that will destroy the Supreme Court’s certification program. Why
would your leaders team up with the constables when they just announced their commitment to fight
them? Why would they file a licensing bill after promising just last month to fight against licensing?
Why would they use your money to do all this behind your backs? Why haven’t they asked your
permission or consulted with you for your opinions? How are your leaders able to get away with using
the names and money of some 500+ association members to pursue an agenda that will harm some
3600+ process servers statewide? And, how are they able to do this without your knowledge?
Leaders of the CCPSAT know that members of the TPSA are purposely being kept in the dark about this
bill and the members’ names are being used without permission. We also know that the TPSA
legislative agenda that was published almost a year ago does not mention any form of licensing. In
fact, on February 13th, TPSA leaders promised to keep their members informed on legislative
information including a commitment to oppose licensing. On February 24th, TPSA leaders told their
members they would “fight back” against the constables because “their legislative efforts [to license
us] will drastically impact your business.” Then on March 3rd, they secretly joined the constables in
filing SB 1276 and said nothing to you, the members who put them in charge and who fund their
legislative activities. Instead, they focused your attention on efforts to stop HB 1069, a very beneficial
bill that will actually save you thousands of dollars instead of costing you thousands of dollars. For
more than three weeks, TPSA leaders said nothing about their filing of the licensing bill. It wasn’t until
CCPSAT leaders exposed their deception last Friday morning that TPSA leaders were finally forced to
come clean; except, coming clean is not what they did. In response to being exposed, they sent you
another message asking you to come to the Capitol and support the licensing bill they filed behind
your backs; as if there was nothing wrong.
TPSA MEMBERS… YOU HAVE BEEN LIED TO, YOUR NAMES AND YOUR MONEY USED WITHOUT YOUR
PERMISSION. Known as one of fire safety and law enforcement's "best friends", Senator Gallegos has
received numerous awards for passage of legislation benefitting members of our firefighting and
policing communities. He is a constables’ Senator and is opposed to private process servers for both
political and personal reasons. Why would TPSA leaders do this to their own members?
I have been warning for years that TPSA leaders are really constables in process server’s clothing. I
have been warning TPSA members for years that their association had been infiltrated by the enemy. I
wrote numerous news articles like, “THE ENEMY HAS INFILTRATED THE COMPOUND” and “FOX TELLS
CHICKENS ABOUT PLAN TO SCRAMBLE EGGS” and “JOIN THE TPSA AND PAY THE CONSTABLES TO PUT
US OUT OF BUSINESS.” Now, we are all facing regulation so strict, so severe, that many process
servers will not be able to afford to stay in business.
THE BOTTOM LINE:
I have heard that many of you wish things would just stay the way they are now. This is not realistic.
Change is coming and wishing it away will not work. The United States District Court is about to drop
the hammer on the Process Server Review Board. They have been very, very bad. You will just have
to trust me when I say that many of your fellow process servers have been abused, mistreated and run
out of business by the PSRB. When the federal judge makes his ruling, our statewide authority will
disappear. Therefore, you have a choice.
One, do nothing and let others make decisions affecting your livelihood for you; and suffer the
consequences of not speaking up and taking action.
Two, support the licensing bill(s) and get ready to start working harder to serve less types of process
for less money while paying as much as $1500.00 or more per year to stay in business.
Three, support HB 1069 that will secure your statewide authority, increase the types of process you
currently serve, increase your efficiency allowing you to serve more process and save thousands of
dollars in gasoline and other expenses every year.
Don’t let constables and TPSA leaders fool you with lies, tricks, deception and lies by omission. Ask
them for proof of what they say; they won’t be able to give it. They are relying on their ability to
mislead and manipulate you and hope that you won’t seek out the truth.
Come to Austin this Wednesday for an open meeting to discuss any and all concerns. Everyone is
invited, all process servers, all private investigators, all court reporters and records procurement
companies, ALL TPSA MEMBERS AND TPSA LEADERS, any sheriff, constable or anyone wishing to
discuss any of the several bills filed this session.
ACTION ALERT:
Whether or not you can come to Austin, now is the time to flood the Senate Jurisprudence Committee
with phone calls opposing SB 1276 and SB 1388. If you are a TPSA member, it’s very important that you
tell the staff member when calling in. The numbers are below.
Sincerely,
Tod Pendergrass
Senate Jurisprudence Committee will hear SB 1276 (licensing) and SB 1388 (fees bill) on Wednesday,
April 1, 2009. Make your calls today IN OPPOSITION TO THESE BILLS.
Sen. Jeff Wentworth 463-0125
Sen. Mario Gallegos, Jr. 463-0106
Sen. John Carona 463-0116
Sen. Robert Duncan 463-0128
Sen. Chris Harris 463-0109
Sen. Juan Hinojosa 463-0120
Sen. Kirk Watson 463-0114