Introduced Bill Would Allow Substituted Service via Facebook

the word Facebook being written on glass

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: 

  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 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.

– Michael H. Bernick