AFSA Comments on Electronic Service
AFSA’s State Government Affairs (SGA) team recently sent a comment letter to the Texas Supreme Court regarding proposed amendments to the Texas Rules of Civil Procedure that would permit electronic service of citation by social media, email, or other technology. In the letter, AFSA voiced its concerns regarding these amendments, arguing that electronic service should be available only as a last resort. As written, the rules would pose an undue regulatory challenge for businesses due, in part, to how companies manage social media accounts and a lack of specificity regarding service of an official business account rather than those of individual employees, both of which would make it difficult to ensure proper receipt of service. Given these concerns, AFSA argued that the rule should be limited to non-business entities. If the Supreme Court does not decide to exclude businesses, AFSA alternatively proposed changes to the rules that would clarify additional requirements regarding service of business entities.
This comment letter can be found on AFSA’s coronavirus resources page as well as the SGA direct advocacy page.
December 9th, 2020 by Dan Bucherer