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Chamberlain McHaney, PLLC

Texas Lawyers, Austin & San Antonio

Austin Bar Legislative Update: Bill Would Limit Defamation Suits

Suit Served by Social Media:  Bill Would Allow Suits to be Served on Defendants via Social Media:  HB 1989, filed by Re Jeff Leach, R-Plano, would all allow service of lawsuit citations by social media if other traditional means of service cannot be effectuated.  The text of the bill is 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.

The Austin Bar Legislative Update is a membership benefit of the Austin Bar Association