Texas Rules of Civil Procedure

Texas rules for serving a citation and petition are in the Texas Rules of Civil Procedure (TRCP), mainly Rules 99 to 109. Who can serve as a private process server is covered by Chapter 156 of the Texas Government Code and the rules of the Judicial Branch Certification Commission (JBCC).

Texas doesn't license process servers, but private servers must be certified by the JBCC unless a court authorizes them by written order. This page covers who can serve, certification, service methods and the return of service.

Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current Texas Rules of Civil Procedure or ask an attorney before relying on it.

Texas process servers

• Become a process server in Texas
• Hire a process server in Texas

Quick facts: process serving in Texas

• Who can serve: A sheriff or constable, a person certified by the JBCC, or anyone 18 or older authorized by law or by written court order. No party or person interested in the outcome may serve (TRCP 103).
• Licensing: No license, but private process servers need JBCC certification, renewed every two years (JBCC renewals).
• Deadline to serve: The rules don't set a fixed deadline. If a statute of limitations is close, the plaintiff must use diligence to get the defendant served.
• Substituted service: Only by court order, after attempts at personal or mail service fail (TRCP 106(b)).
• Proof of service: A return of service, verified or signed under penalty of perjury. Certified servers must list their JBCC number and its expiration date (TRCP 107).
• Time to respond: By 10:00 a.m. on the Monday after 20 days have passed since service (TRCP 99(b)).

Process-serving software: ServeManager

ServeManager is process-serving software used by agencies across Texas. It tracks every attempt with date, time, GPS and photos, and generates returns and affidavits of service from the job, so your attempt history is ready if a Rule 106(b) motion is needed.

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Texas process server certification

Texas certifies process servers rather than licensing them. Certification is handled by the Judicial Branch Certification Commission under Government Code Chapter 156. Without certification, a private person can serve only if a court authorizes them by written order (TRCP 103).

To get certified, you'll generally need to:

• Complete a 7-hour JBCC-approved civil process service course within one year before you apply
• Pass a state and national criminal history check, with fingerprints taken under the JBCC service code
• Show you're authorized to work in the United States
• Pay the $200 application fee

Certification lasts two years. To renew, you need 8 hours of approved continuing education each period, including 2 hours of ethics, and a $200 renewal fee (JBCC renewals). Certification belongs to you as an individual. You can't delegate it to an employee or a company.

Since December 1, 2024, Rule 103 says certified servers are certified "by the Judicial Branch Certification Commission" rather than under order of the Supreme Court (Misc. Docket No. 24-9102). For a step-by-step guide, see Become a Process Server in Texas.

How to serve a citation in Texas

In Texas, the summons is called a citation. It's served with a copy of the petition.

Personal service: TRCP 106(a)(1)

The server hands the defendant a copy of the citation, showing the delivery date, and a copy of the petition.

Certified or registered mail: TRCP 106(a)(2)

The citation and petition can be mailed by registered or certified mail, return receipt requested. If asked, the court clerk must handle mail service (TRCP 103). The return must include the receipt with the addressee's signature (TRCP 107(c)).

Substituted and alternative service: TRCP 106(b)

If personal or mail service fails, the plaintiff can ask the court for another method. The motion must be supported by a sworn statement, or one made under penalty of perjury, that lists where the defendant can probably be found and describes the attempts made there. The court can then allow service by:

• Leaving the citation and petition with anyone older than 16 at the location in the statement
• Any other way that will reasonably give the defendant notice, including electronically by social media, email or other technology

Electronic service under Rule 106(b) has been allowed since December 31, 2020. Proof of alternative service is made the way the court's order directs (TRCP 107(f)).

Service outside Texas: TRCP 108 and 108a

A defendant outside Texas can be served the same way as a defendant in Texas. Service in another country can follow the law of that country, the Hague Service Convention where it applies, or another method the court directs (TRCP 108a).

Service by publication: TRCP 109

If the defendant's residence is unknown, or they are absent from or not a resident of Texas, the court can allow citation by publication. This requires a sworn statement and diligence in trying to find the defendant. See What is service by publication?

Process that only officers can serve: TRCP 103

Unless a court orders otherwise, only a sheriff or constable can serve a writ that requires taking possession of a person, property or thing, or process that must be physically enforced.

No service on Sunday: TRCP 6

Process can't be served on Sunday, except in injunction, attachment, garnishment, sequestration or distress proceedings.

Serving businesses and other entities

• Registered agent: Every Texas entity and registered foreign entity must keep a registered agent for service of process. Agents are listed with the Texas Secretary of State.
• Agents by law (Business Organizations Code § 5.255): The president and each vice president of a corporation, each general partner of a limited partnership, each partner of a general partnership, and each manager (or member, if member-managed) of an LLC can also be served (Texas SOS service of process FAQ).
• Secretary of State as agent (BOC § 5.251): If an entity has no registered agent, or the agent can't be found at the registered office with reasonable diligence, the Secretary of State can be served.
• Local governments (CPRC § 17.024): Serve a county through the county judge; a city through its mayor, clerk, secretary or treasurer; and a school district through the board president or superintendent.

Serving a subpoena in Texas

A subpoena can be served anywhere in Texas by a sheriff or constable, or by anyone 18 or older who isn't a party. The server delivers a copy to the witness and tenders any fees required by law. Proof of service is either the witness's signed acceptance or the server's statement of the date, time and manner of service and the name of the person served (TRCP 176.5). A witness can't be required to appear more than 150 miles from where they live or were served (TRCP 176.3).

Proof of service: TRCP 107

The person who serves or attempts to serve the citation completes a return of service. It must include:

• The cause number, case name and court
• What was served, and the date and time the process was received for service
• The person or entity served and the address
• The date and manner of service or attempted service
• The server's name, and for a certified server, their JBCC identification number and its expiration date

If service failed, the return must show the diligence used and why service didn't happen.

A return signed by anyone other than a sheriff, constable or court clerk must be verified (notarized) or signed under penalty of perjury using the declaration in Rule 107(e). Since December 1, 2024, that declaration states that the server is over 18 rather than giving a date of birth (Misc. Docket No. 24-9102).

The return must be filed with the court. No default judgment can be granted until it has been on file for 10 days, not counting the day of filing and the day of judgment (TRCP 107(h)).

Hire a Texas process server

Find agencies in Houston and Austin, or browse all Texas process servers.

More Texas resources

• Become a Process Server in Texas
• Courts in Texas
• Texas Rules of Civil Procedure (Texas Judicial Branch)
• JBCC process server certification (statutes, rules and resources)
• Texas Secretary of State service of process FAQ

This page is a general overview of Texas law, not legal advice. Laws change. Check the current rules or talk to an attorney about your case.