Texas Process Watch continues to monitor restrictive and intrusive legislation
that would negatively impact the process service industry including private
investigators who serve process.
The pro-regulators are at it again. House Bill 397 is pending in this, the 81st
legislative session.
During the 79th Texas legislative session, TPW watchdogs were responsible for
stopping Senate Bill 165. If SB 165 had become law, P.I.'s who serve process
would have been forced EVERY TWELVE MONTHS to obtain TWO MORE
LICENSES, prepare and submit another set of fingerprint cards and take yet
another training course on top of the multitude of courses already required! P.I.'s
who feel they are already adequately regulated were not happy about this
unnecessary increased regulation just to serve process. What's worse, they
were purposely kept in the dark until the efforts of the servers behind Texas
Process Watch alerted the PI industry.
The proponents of SB 165 seemed unconcerned about the extra trouble SB 165
would have caused P.I.s and questions still surround why P.I.s were not better
informed and consulted on this burdensome bill. The only effort ever made to
achieve an exemption for P.I.s was made by a non-P.I. process server. Despite
this effort, no exemption was ever made.
In 2005, the Texas Supreme Court implemented a process server certification
program. Again, a non-PI begged the Court to allow licensed private
investigators to forego the fingerprint cards and criminal background check. The
Court refused. This person was Tod Pendergrass, Director of Texas Process
Watch.
In the 80th session, the pro-regulators were at it again with Senate Bill 1305. This
bill would have cost process servers a half million dollars (possibly one million)
every three years. The most distressing part was the fact that the industry
leaders who filed this bill promised they would NEVER support a "fees" bill and
they would "keep things as they are now" FREE OF FEES. The bill was loaded
with so-called beneficial provisions which were immediately stripped out by the
Senate Jurisprudence Committee. This committee, chaired by SB 1305's author,
passed the bill out and on to the House. The Legislature was informed that the
Supreme Court's program was unconstitutional because certification (a form of
regulation) was not created by legislation. Since the Legislature can not fund a
regulatory program they did not create, SB 1305 died costing the members of the
Texas Process Servers Association an estimated $36,000.00. TPSA leaders have
never explained why they did not keep their word.
Note: The TPSA leader who promised he would never file a fees bill now sits on
the Process Server Review Board!
The most pressing issue today is the fact that a behind the scenes effort is
underway to switch process server certification training from every three years
to a yearly requirement! This effort is being spearheaded by Mr. Carl Weeks,
who is the chairman of the Process Server Review Board and also holds a
conflict of interest position as president of the TPSA. TPSA members have not
been polled on this recommendation. The industry at large, including P.I.s who
serve process, have not been polled. Rules relating to the service of process by
private citizens have changed only 3 or 4 times in the last 20 years! And now,
another licensing bill has been filed that closely resembles SB 165 that was
stopped two sessions ago.
TPW needs all Texas private investigators to become active and comment on
issues that affect them and their private process servers. Please do the
following:
1. Join the new process servers' association at www.ccpsat.com. Membership
is FREE. This association does not support increased government regulation. If
you don't want to be a member, please have your email address placed on our
email alert system.
2. Stand with us in defiance of unnecessary and unsubstantiated occupational
regulation.
3. Please return to the HOME page and review the news articles to get up to
speed on what has been happening.
that would negatively impact the process service industry including private
investigators who serve process.
The pro-regulators are at it again. House Bill 397 is pending in this, the 81st
legislative session.
During the 79th Texas legislative session, TPW watchdogs were responsible for
stopping Senate Bill 165. If SB 165 had become law, P.I.'s who serve process
would have been forced EVERY TWELVE MONTHS to obtain TWO MORE
LICENSES, prepare and submit another set of fingerprint cards and take yet
another training course on top of the multitude of courses already required! P.I.'s
who feel they are already adequately regulated were not happy about this
unnecessary increased regulation just to serve process. What's worse, they
were purposely kept in the dark until the efforts of the servers behind Texas
Process Watch alerted the PI industry.
The proponents of SB 165 seemed unconcerned about the extra trouble SB 165
would have caused P.I.s and questions still surround why P.I.s were not better
informed and consulted on this burdensome bill. The only effort ever made to
achieve an exemption for P.I.s was made by a non-P.I. process server. Despite
this effort, no exemption was ever made.
In 2005, the Texas Supreme Court implemented a process server certification
program. Again, a non-PI begged the Court to allow licensed private
investigators to forego the fingerprint cards and criminal background check. The
Court refused. This person was Tod Pendergrass, Director of Texas Process
Watch.
In the 80th session, the pro-regulators were at it again with Senate Bill 1305. This
bill would have cost process servers a half million dollars (possibly one million)
every three years. The most distressing part was the fact that the industry
leaders who filed this bill promised they would NEVER support a "fees" bill and
they would "keep things as they are now" FREE OF FEES. The bill was loaded
with so-called beneficial provisions which were immediately stripped out by the
Senate Jurisprudence Committee. This committee, chaired by SB 1305's author,
passed the bill out and on to the House. The Legislature was informed that the
Supreme Court's program was unconstitutional because certification (a form of
regulation) was not created by legislation. Since the Legislature can not fund a
regulatory program they did not create, SB 1305 died costing the members of the
Texas Process Servers Association an estimated $36,000.00. TPSA leaders have
never explained why they did not keep their word.
Note: The TPSA leader who promised he would never file a fees bill now sits on
the Process Server Review Board!
The most pressing issue today is the fact that a behind the scenes effort is
underway to switch process server certification training from every three years
to a yearly requirement! This effort is being spearheaded by Mr. Carl Weeks,
who is the chairman of the Process Server Review Board and also holds a
conflict of interest position as president of the TPSA. TPSA members have not
been polled on this recommendation. The industry at large, including P.I.s who
serve process, have not been polled. Rules relating to the service of process by
private citizens have changed only 3 or 4 times in the last 20 years! And now,
another licensing bill has been filed that closely resembles SB 165 that was
stopped two sessions ago.
TPW needs all Texas private investigators to become active and comment on
issues that affect them and their private process servers. Please do the
following:
1. Join the new process servers' association at www.ccpsat.com. Membership
is FREE. This association does not support increased government regulation. If
you don't want to be a member, please have your email address placed on our
email alert system.
2. Stand with us in defiance of unnecessary and unsubstantiated occupational
regulation.
3. Please return to the HOME page and review the news articles to get up to
speed on what has been happening.
Private Investigators