THE LEADERSHIP OF THE TEXAS PROCESS SERVERS
ASSOCIATION (TPSA) SUPPORTS THE PSRB
RECOMMENDATION TO CHANGE THE CURRENT THREE
YEAR TRAINING REQUIREMENT TO A YEARLY PROCESS!!!
The Process Server Review Board (PSRB,) led by the President of the Texas Process
Servers Association (TPSA,) is executing their plan to change our certification program
into a program that is like a license. In late 2005, the Board officially petitioned the
Supreme Court to adopt the following recommendations:
Recommendation #1-
The training requirement of every three years should
BE CHANGED TO YEARLY TRAINING!! This recommendation was spearheaded by
Chairman Weeks. The vote was unanimous and is based on a handful of unfounded
complaints. It's unclear what the Board thinks process servers will forget in twelve
months time. Click here to see Carl Weeks' letter.
Recommendation #2-
A "Process Server Review Board Education Curriculum Guidelines". This is a list of
what the Board has determined should be included in training and is being used to
support the yearly training recommendation. Click here to see the Guidelines.
Recommendation #3-
The "Policy on Conduct Affecting Certification to Serve Process". This policy was given
a public comment period and is one of the
"ENFORCEMENT" recommendations. Click here to see the Policy.
(Note: Despite not being approved by the Supreme Court, the PSRB took it upon
themselves to implement and use this recommendation.)
Recommendation #4-
A "Policy on Investigating Process Server Complaints". This policy was not given a
public comment period and is also an
"ENFORCEMENT" recommendation. Click here to see this Investigation Policy.
(Note: Despite not being approved by the Supreme Court, the PSRB took it upon
themselves to implement and use this recommendation.)
Recommendation #5-
The "Code of Professional Conduct (CPC) of Certified Private Process Servers (formerly
known as (RPC)). Please review this recommendation as it was posted on the Supreme
Court's website on or about November 11, 2005, for a 30 day public comment period.
Please note number 12 (and #11 in another version) titled "Maintianing Current
Address". It refers to our certification as a "license" in two places. This is important
because it reflects the real attitude of the PSRB with regard to their intention to fully
regulate our industry. "Also an
"ENFORCEMENT" recommendation. Click here to see the Code.
Recommendation #6-
That an id. card be approved. Also an
"ENFORCEMENT" recommendation.
Though a badge or Id. card is not necessary to be an effective process server, TPW has
developed an id. card you can obtain on your own that does not require the Court's or
the Board's involvement. It is completely legal, just as effective and will prevent you
from being falsely charged with impersonating an officer/court official. Click here to see
an Example (revised). NOTE: The use of any unofficial form of identification is
discouraged to protect the certification (and freedom) of the process server.
Recommendation #7, 8, 9 & 10-
That three additional courses be added to the list of available training courses for
statewide authorization and that the TPSA course be given full statewide authority,
including Harris Co.
(These courses and two more have since been added and the "H" discrepancy has been
resolved. However, those seeking authorization to serve Harris County process must
re-take the same training course! The Court has not provided a satisfactory explanation
as to why they didn't automatically upgrade all servers to full statewide status. One
thing is for sure, the TPSA continues to profit from this haphazard change.)
THE HIDDEN RECOMMENDATION:
The most outrageous aspect of recommendations #1 - #6 is the Board's request for
"ENFORCEMENT" authority. This Board plans to fully enforce each and every rule with
disciplinary action that will threaten process servers' careers. If successful, this Board
will be able to yank your certification for harmless things like not updating your address
within 10 days or frivolous complaints filed by people being served. This is only one of
the many career threatening RULES we do not need hanging over our heads.
WHAT'S MISSING FROM THESE RECOMMENDATIONS:
The Supreme Court could have changed the requirement to have your
returns notarized long ago, but, the PSRB NEVER ASKED FOR IT. The
Court could have also changed the sub. service rule long ago, but
again, the PSRB NEVER ASKED FOR IT. This proves Senate Bill 1305
was a smokescreen bill designed for one purpose, COLLECTING FEES
FROM PROCESS SERVERS THAT WILL ENABLE FURTHER
REGULATION. The Certified Civil Process Servers Association is
working to make these and other beneficial changes FOR FREE! Click
on the link below to sign the petition.
RECOMMENDATIONS #1 - #6 THREATEN YOUR CAREER!!
All one needs to do is read each of the above recommendations to realize this is a
license! Don't let this Board fool you. These recommendations are proof they are
planning to completely change the certification program. If the Board is unable to
change the program though the Supreme Court, they will attempt to change it through
the Legislature. Chairman Weeks has already announced plans to file legislation at the
next session. The PSRB is a constable driven board both in ideals and concepts. The
constables are an enemy to the industry. They state private process servers should not
exist. These recommendations and/or legislatively approved rule changes are the first
step to restricting and possibly eliminating their competition, private process servers.
THE MISSION:
Ask the Texas Supreme Court Justices to please do the following in a mailed letter:
-RESCEND MISC. DOCKET NO. 07-9036 A/K/A RULE 14
-DO NOT APPROVE YEARLY TRAINING OR THE OTHER PSRB RECOMMENDATIONS.
-KEEP IT A "STATEWIDE BLANKET ORDER" AS INTENDED.
-AUTOMATICALLY UPGRADE ALL "SC" PROCESS SERVERS TO FULL STATEWIDE
STATUS NOW.
-THE PSRB SHOULD REMAIN A "REVIEW" BOARD AND NOT
BE GRANTED A "REGULATORY" STATUS. Regulation is already accomplished through
the civil and criminal courts.
-REMOVE THE "GOOD CAUSE" AUTHORITY FROM THE PSRB.
-THE CERTIFIED CIVIL PROCESS SERVERS ASSOCIATION IS CURRENTLY WORKING
ON OTHER BENEFICIAL RECOMMENDATIONS. PLEASE HELP US FIGHT THE
NEGATIVE LEADERSHIP OF THE TPSA. SIGN THE PETITION AND JOIN US FOR FREE
AT www.ccpsat.org.
ALSO, PLEASE ATTEND THE NEXT PSRB MEETING IN AUSTIN. THE DATE, TIME AND
ADDRESS ARE ON THE HOME PAGE.