Texas Bill Would Make Service via Facebook the Law

Texas lawmakers will consider a bill that would specifically allow for service of legal process via Facebook or other social media sites.

House Bill 1989 was introduced earlier this week by Rep. Jeff Leach (R – Plano), a recently elected lawmaker and an associate at a Dallas law firm.

The short bill provides that a Texas court may permit as a method of service “an electronic communication sent to the defendant through a social media website,” provided the court finds that:

• 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 were sent to the defendant’s account.

As we have previously noted, courts in Australia, New Zealand and the UK have permitted service via social media when traditional means of service have failed, while U.S. courts have been more reluctant to take the plunge.

If House Bill 1989 is made law, Texas would become the first state to formally recognize social media as an alternative means of service.


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source: Social Media Law Brief (Nelson, 3/1)