Process Server Laws in Texas

Arrest Warrant Execution

Tex. Code Crim. Proc. Art. 15.06; Art. 15.26

Arrest warrants in Texas are executed by peace officers, including sheriffs, constables, marshals, and police officers. Under Tex. Code Crim. Proc. Art. 15.06, a warrant may be executed in any county in the state. Private process servers have no authority to execute arrest warrants. The officer must inform the defendant of the authority and cause of the arrest.

Criminal Subpoena Service

Tex. Code Crim. Proc. Art. 24.04; Art. 24.05

Criminal subpoenas in Texas are served under Texas Code of Criminal Procedure Art. 24.04. Service is by personal delivery by a sheriff, constable, or any peace officer. Private process servers may serve criminal subpoenas if authorized by the court. The subpoena must be served at least one full day before the witness is required to attend. Failure to comply may result in a fine up to $500 and/or attachment.

Criminal Summons Service

Tex. Code Crim. Proc. Art. 15.03; TRCP Rule 103

Texas criminal summons may be issued in lieu of a warrant under Texas Code of Criminal Procedure Art. 15.03. The summons is served by a sheriff, constable, or peace officer by delivering a copy to the defendant. Under TRCP Rule 103, private process servers may serve civil process but criminal summons is restricted to peace officers. The defendant must appear at the time stated or face a warrant.

Return of Criminal Process

Tex. Code Crim. Proc. Art. 15.24; TRCP Rule 107

Under Tex. Code Crim. Proc. Art. 15.24, the officer executing a warrant must endorse the manner and date of execution and return it to the magistrate or court. For criminal subpoenas, the officer endorses the return on the subpoena. The return must include the date of service, person served, and manner of service. A default judgment cannot be entered until the return of service has been on file for 10 days under TRCP Rule 107.

Divorce — Service of Process

TRCP Rules 103, 106; Tex. Fam. Code § 6.409

Texas divorce petitions are served under TRCP Rules 103 and 106. Service may be by personal delivery by a sheriff, constable, certified process server, or court-authorized person. Certified mail with return receipt is an alternative method. Under Tex. Fam. Code § 6.409, if the respondent cannot be found, the court may authorize substitute or alternative service including service by publication. The respondent has 20 days to file an answer (plus next Monday if deadline falls on a weekend).

Juvenile / Custody Proceedings

Tex. Fam. Code Title 3; Tex. Fam. Code § 102.009

Texas juvenile proceedings are governed by Tex. Fam. Code Title 3. Summons must be served on the juvenile, parents, guardian, or custodian by personal delivery under TRCP Rules 103 and 106. Custody suits under Tex. Fam. Code § 102.009 follow standard civil service rules. The respondent has 20 days to file an answer. For custody modification, the court with continuing jurisdiction handles the petition.

Protective Order Service

Tex. Fam. Code § 85.041; Tex. Penal Code § 25.07

Under Tex. Fam. Code § 85.041, protective orders are served on the respondent by a law enforcement officer, constable, or sheriff. Service is without charge to the applicant. The order is enforceable upon service. Violation of a protective order is a Class A misdemeanor under Tex. Penal Code § 25.07, punishable by up to one year in jail and/or a $4,000 fine. Repeated violations may be charged as a third-degree felony.

Termination of Parental Rights — Service

Tex. Fam. Code § 102.009; Tex. Fam. Code § 102.010

Under Tex. Fam. Code § 102.009, petitions for termination of parental rights require personal service on the parent under TRCP Rules 103 and 106. If the parent cannot be found, citation by publication is authorized under Tex. Fam. Code § 102.010. The court must appoint an attorney ad litem for the child and an attorney for an indigent parent. A hearing must be held and clear and convincing evidence is required.

10-Day Return Filing Requirement

TRCP Rule 107

Under TRCP Rule 107, no default judgment may be granted in any cause until the citation with proof of service has been on file with the clerk of the court for at least 10 days, exclusive of the day of filing. This unique waiting period applies to all civil case types and is critical for process servers and attorneys to understand when planning litigation timelines.

Process Server Involvement by Case Type — Summary

TRCP Rule 103; Government Code Chapter 156

Process servers in Texas may be: JBCC-certified (voluntary, 7-hour course, $200 fee, fingerprint background check), court-authorized adults over 18 (written court order required under TRCP Rule 103), or sheriffs/constables. JBCC-certified and sheriffs/constables may serve without a case-specific court order. Permitted for: civil, divorce, custody, probate, small claims. Criminal subpoenas may be served if court-authorized. Not permitted for: criminal summons, arrest warrants (peace officers only).

Do I need certification to serve papers in Texas?

Texas requires process servers to be certified through the Texas Supreme Court Process Server Certification Program. Certification requires completing an approved training course, passing an exam, and obtaining a $10,000 surety bond.

Personal Service of Process in Texas

TRCP Rule 106(a)(1)

TRCP Rule 106(a)(1) - delivering to defendant in person a true copy of citation with petition attached. TRCP

How do I serve papers in Texas?

In Texas, process may be served by a sheriff, constable, or any person authorized by court order who is at least 18 years old and not a party to the suit (TRCP Rule 103). Service must be completed within the timeframe specified by the court. Personal service is preferred, but certified mail is also authorized for certain documents.

Estate Notice to Creditors

Tex. Estates Code § 308.051; Tex. Estates Code § 308.054

Under Tex. Estates Code § 308.051, the personal representative must publish notice to creditors in a newspaper of general circulation in the county once. Known secured creditors must also receive actual notice by mail within two months of qualification. Creditors have four months from the date of receipt of notice (or from publication if no personal notice) to present claims.

Guardianship Service Requirements

Tex. Estates Code § 1101.001; Tex. Estates Code § 1054.001

Petitions for guardianship under Tex. Estates Code § 1101.001 require notice to the proposed ward, spouse, parents, and adult children. The proposed ward must be personally served at least 10 days before the hearing. The court must appoint an attorney ad litem and a guardian ad litem. The proposed ward has the right to be present at the hearing and to a jury trial on the issue of incapacity.

Small Estate Affidavit

Tex. Estates Code § 205.001; Tex. Estates Code § 205.002

Texas allows a small estate affidavit for estates where no will has been probated and the value of the entire estate (excluding homestead and exempt property) does not exceed $75,000 under Tex. Estates Code § 205.001. The affidavit must be filed with the court at least 30 days after death. All distributees must sign the affidavit. No formal administration is required.

Process Server Registration/Licensing in Texas

Certification (not licensing) required by Judicial Branch Certification Commission (JBCC), Texas Gov Code Ch. 156, Supreme Court order (TRCP 103). Approved course, exam, fingerprints, biennial renewal. Gov Code 156 JBCC

Who May Serve Process in Texas

TRCP R103: sheriff/constable; court-auth >=18; certified JBCC. Non-party/not interested. Age 18+. TRCP R103

Proof of Service / Affidavit Requirements in Texas

TRCP Rule 107

TRCP Rule 107 & JP 501.3 - detailed return; if not sheriff/constable/clerk: verified (notarized) OR penalty of perjury statement. Include cert ID/exp if certified. TRCP Rule 107

Proof of Service Requirements

TRCP Rule 107; Government Code Chapter 156

Texas requires proof of service (return of service) under TRCP Rule 107. The return must be signed by the server, state the date, time, and manner of service, identify the person served, and describe the documents served. A default judgment cannot be entered until the return has been on file for 10 days exclusive of the filing day. For JBCC-certified servers, the certification number must appear on the return.

Does Texas require a notarized affidavit or penalty of perjury declaration?

Texas accepts unsworn declarations under § 132.002.

Texas accepts unsworn declarations under penalty of perjury per Tex. Civ. Prac. & Rem. Code § 132.002. This was significantly expanded in 2017 and is now widely accepted for proof of service. A notarized affidavit is also accepted but not required. The Mighty Affidavit Generator automatically applies the correct signing method for Texas.

What proof of service form do I need in Texas?

Texas has no mandatory form; Rule 107(e) and § 132.002 accept unsworn declarations.

Texas does not have a mandatory statewide form. TRCP Rule 107 governs the content of the return. The return may be endorsed on or attached to the citation per Rule 107(a). Local JP courts provide sample returns (Harris County CV-Citation Return 501.3, TJCTC forms). Generic declarations are accepted. Rule 107(e) allows unsworn declarations per Tex. Civ. Prac. & Rem. Code § 132.002. The Mighty Affidavit Generator automatically selects the correct proof of service template for Texas and fills it with your job data.

Assault on Process Server Enhancement

Texas Penal Code §22.01

Texas Penal Code now recognizes process servers performing lawful duties. Enhanced penalties for assault.

Criminal Protections for Process Servers in Texas

No specific statute making assault/threat/obstruction of process server a separate/enhanced crime. General Penal Code Ch. 22 assault applies. JBCC Code of Conduct violations lead to discipline/revocation. TRCP JBCC

Property Access Rights for Process Servers in Texas

Rule 106(b)

No specific statutes; cannot trespass. Gated: document diligence w/ management/security; seek Rule 106(b) substituted if needed. TRCP Rule 106

Service by Publication in Texas

TRCP Rule 109

TRCP Rule 109 - affidavit of unknown residence/transient/nonresident, due diligence. TRCP Rule 109

Subpoena Service in Texas

Civil: TRCP 176 (>=18 non-party/sheriff personal delivery + fees). Criminal: CCP Art 24.04 (peace officer delivers copy + fees). TRCP 176 CCP 24.04

Substituted Service Requirements

Texas Rules of Civil Procedure Rule 106

After two unsuccessful attempts, substituted service may be used by leaving documents with a person of suitable age at the address.

Small Claims — Answer Deadline

TRCP Rule 501.1; Tex. Gov't Code § 28.053

In Texas Justice Court, the defendant must file an answer by 10:00 a.m. on the first Monday after 20 days from service. Under TRCP Rule 501.1, if the defendant fails to answer, the court may enter a default judgment. The defendant may file a counterclaim up to $20,000. Either party may request a jury trial. Appeals go to county court for a trial de novo.

Small Claims — Service Methods and Dollar Limit

Tex. Gov't Code § 27.031; TRCP Rules 103, 106

Texas Justice Court handles civil claims up to $20,000. Under TRCP Rules 103 and 106, service may be by personal delivery by a sheriff, constable, JBCC-certified process server, or court-authorized person 18 or older. Certified mail with return receipt is also authorized. If the defendant cannot be served personally, the court may authorize substitute or alternative service including posting at the courthouse door.

Family Law Service of Process in Texas

TRCP Rule 106

No unique statutes; follows general TRCP Rules 103, 106 (personal, substituted via 106(b) affidavit/court order). TRCP Rule 106

Small Claims Service in Texas

Rule 501

JP courts Rule 501 (Part V TRCP) - mirrors general (personal/mail/alt/pub); who: certified/sheriff/authorized >=18 non-party; sheriff req'd evictions. JP Rule 501

Unique Provisions for Service of Process in Texas

- No Sunday civil service (TRCP R6; JP501.2d) exc injunction/etc. Pub on Sun OK. - Sheriff only forc detainer/possess writs (R103). - Corp/govt: reg agent/SOS. - Elec/social media via R106(b)(2) order. TRCP R6

Substituted Service in Texas

TRCP Rule 106(b)

TRCP Rule 106(b) - motion/affidavit failed attempts, court auth leave >16yo abode or other manner; Rule 109a alt substituted. TRCP 106

Failure to Appear — Traffic Consequences

Tex. Transp. Code §§ 543.009, 706.004; Tex. Code Crim. Proc. Art. 45.014

If a defendant fails to appear on a traffic citation in Texas, the court may issue a warrant for arrest under Tex. Transp. Code § 543.009. Under Tex. Transp. Code § 706.004, DPS is notified and an additional $30 omni fee is assessed. The defendant's license renewal may be blocked. Tex. Code Crim. Proc. Art. 45.014 authorizes a capias pro fine for unpaid fines. The Failure to Appear Prevention Program allows resolution without arrest in some jurisdictions.

Traffic Citation Service

Tex. Transp. Code § 543.003; Tex. Transp. Code § 543.005

Texas traffic citations are issued by peace officers under Tex. Transp. Code § 543.003. The citation serves as a written notice to appear and contains the offense, date, time, and location. The defendant signs a written promise to appear. Most traffic offenses in Texas are Class C misdemeanors handled in Municipal Court or Justice Court. No separate process service is required for field-issued citations.