About WDFloyd

Dave Floyd is an attorney, real estate broker, and trivia host in Austin, Texas. He works with the Foskitt Law Office and is an owner of Floyd Real Estate. He was a candidate for Austin City Council in 2014 and lives in the Zilker Neighborhood.

Monday, March 4, 2013

Bill to Allow a New and Not Fun Use for Social Media

It was nice to see +Sara Foskitt Twitter quoted in a March 1st posting in the Texas Lawyer regarding H.B. 1989 in the Texas Legislature which would allow substitute service of citation via social media networks.  The text of the bill reads as follows:


A BILL TO BE ENTITLED
AN ACT
relating to substituted service of citation through a social media website.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter B, Chapter 17, Civil Practice and Remedies Code, is amended by adding Section 17.031 to read as follows:
Sec. 17.031.  SUBSTITUTED SERVICE THROUGH SOCIAL MEDIA WEBSITE.  (a)  If substituted service of citation is authorized under the Texas Rules of Civil Procedure, the court may prescribe as a method of service under those rules an electronic communication sent to the defendant through a social media website if the court finds that:(1)  the defendant maintains a social media page on that website;(2)  the profile on the social media page is the profile of the defendant;(3)  the defendant regularly accesses the social media page account; and(4)  the defendant could reasonably be expected to receive actual notice if the electronic communication were sent to the defendant's account.(b)  Notwithstanding Section 22.004, Government Code, the supreme court may not amend or adopt rules in conflict with this section.SECTION 2.  This Act takes effect September 1, 2013.
If you're interested in following this progress of this bill, then visit it's page at The Texas Legislature online and add it to your alert list.   You can follow the Foskitt Law Office via it's Twitter account.

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