Last week, the Texas Legislature introduced H.B. No. 1989 which, if enacted, would allow substituted service through social media websites in certain circumstances.
Under the proposed bill, if a court authorizes substituted service under the Texas Rules of Civil Procedure, the court may order service via an electronic communication sent to the defendant through a social media website. The court must find:
- the defendant maintains a social media page on that website;
- the profile on the social media page is the profile of the defendant;
- the defendant regularly accesses the social media page account; and
- the defendant could reasonably be expected to receive actual notice if the electronic communication was sent to the defendant’s account.
The bill has been referred to the Judiciary & Civil Jurisprudence committee for further action.
The bill was introduced by Rep. Jeff Leach (profile) who represents District 67 (map). The entire text of H.B. 1989 can be found here.
