Each day that passes, it becomes more and more clear that it will take a lawsuit to stop
the unfair treatment process servers have been subjected to. All process servers in
Texas ever wanted was the authority to serve process on a statewide level without
having to jump through the hoops of all the different county blanket orders or worry
about obtaining a rule 103 or 536 order. The industry never asked for regulation. Texas
attorneys never asked for regulation. Federal court judges and the large majority of
Texas judges are not asking for regulation. And, most importantly, the Texas Legislature
has time and time again recognized that the service of civil court process by private
individuals does not fit the required criteria for the regulation of an industry.
The PSRB has taken advantage of their role. They perform every duty the Texas
Department of Licensing and Regulation does for the regulation of many other
professions. The difference is, those professions are protected by the Legislature and
accepted standards set forth by policies such as ones maintained by the Texas Sunset
Commission. Certified process servers have no such protection. If the government is
going to regulate us, it needs to be done lawfully and according to the same standards
set forth for all other industries and occupations. The PSRB is not accountable to our
industry. They are not accountable to the public. They are not accountable to the Texas
Legislature which is responsible solely for determining if an industry should be
regulated. The PSRB and the concept of any regulation without enabling legislation is
wrong on so many levels. The many unfair, unauthorized and unlawful actions the PSRB
has taken against undeserving process servers is a manifestation of what can happen
when the separation of powers is infringed upon. The end does not justify the means.
Whether you are for or against regulation for process servers, there is a right and a
wrong way to achieve it and the current situation is badly corrupted.
ALERT: Process servers are being targeted with arrest and jail time for making honest
mistakes on officer's returns. This is happening now! Each and every server is at risk!
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