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Texas service: JBCC-certified servers, TRCP 106 personal/mail, substituted, corporate, out-of-state subpoenas under TRCP 201.3, publication.
Texas runs one of the most regulated process-serving regimes in the country: only certified process servers, sheriffs, constables, or other persons specifically authorized may serve original process, and certification is administered by the Texas Judicial Branch Certification Commission (JBCC). Effective August 31, 2025, Texas adopted a modern clerk-driven framework for out-of-state subpoenas under the amended TRCP 201.3, bringing Texas substantially in line with UIDDA. This guide walks through each method and the Texas-specific rules that out-of-state counsel most often miss.
This is practical guidance, not legal advice. Texas service of process rules are found in Texas Rules of Civil Procedure 103, 106, 107, 108, 109, and 119, together with TRCP 201.3 (amended effective August 31, 2025, to provide a modern framework for foreign subpoenas). Process server certification is administered by the Judicial Branch Certification Commission.. For service of process nationwide, Served 123 LLC handles Texas and all 49 other states with qualified servers.
Under TRCP 103, the citation may be served by any sheriff or constable or other person authorized by law, including any person over eighteen years of age who is certified by the Judicial Branch Certification Commission (JBCC). Texas is one of the most strictly regulated states for process-server qualification: certification requires an application, training, background check, and ongoing continuing education. Serving original process without proper certification can void the service and expose the server to penalties. Always confirm JBCC certification before dispatching a Texas server.
Personal service under TRCP 106(a)(1) is made by delivering a copy of the citation (with a copy of the petition attached) to the party to be served, in person, by any authorized server. Refusal to accept does not defeat service—the server may leave the papers in the defendant's presence after identifying them. The return of service under TRCP 107 must state the date, time, manner, and location of delivery, and must be signed by the authorized server or sheriff.
Texas does not automatically permit substituted service at a dwelling. Under TRCP 106(b), if service at the defendant's usual place of business or residence has not been successful by personal or mail service, the court, on motion supported by affidavit, may authorize substituted service—typically by leaving the citation and petition with anyone older than sixteen at the defendant's usual place of residence or business, or by any other method reasonably calculated to give notice. Texas courts scrutinize diligence affidavits carefully before granting 106(b) orders.
TRCP 106(a)(2) allows service by registered or certified mail, return receipt requested. The citation and petition are mailed to the defendant, and service is complete when the return receipt is returned signed by the addressee. If the mail is returned unclaimed, refused, or signed by someone other than the addressee, service has not been perfected by that method and the plaintiff must pivot to personal service or seek substituted service under Rule 106(b). The mailing may be performed by the clerk, the server, or the plaintiff's attorney.
Under Tex. Bus. Orgs. Code § 5.201, entities that conduct business in Texas must maintain a registered agent with the Texas Secretary of State. Service is made by delivering or mailing (certified mail, return receipt) the citation and petition to the registered agent. If the agent cannot be found with reasonable diligence or the entity has failed to maintain one, Tex. Bus. Orgs. Code § 5.251 allows substitute service on the Secretary of State. Registered agents are public record through the Texas Secretary of State at direct.sos.state.tx.us or sos.state.tx.us.
Effective August 31, 2025, Texas amended TRCP 201.3 to provide a modern clerk-driven framework for foreign subpoenas. Out-of-state counsel tenders the foreign subpoena to the clerk of the appropriate Texas district or county court where discovery is sought; the clerk issues a conforming Texas subpoena under the amended rule. Service is then made by a JBCC-certified process server, sheriff, or constable under TRCP 103. Motions to quash or modify are heard in the Texas court under Texas procedure, while the issuing state's rules govern the substantive scope.
Service by publication under TRCP 109 is available when the party's residence is unknown, the party is absent from or a nonresident of the state, and the facts are verified by affidavit. The plaintiff files a diligence affidavit and moves for publication. If the court grants the order, publication runs once in each of four successive weeks in a newspaper of general circulation in the county, and the court typically appoints an attorney ad litem to represent the absent defendant. Texas courts apply strict scrutiny to publication practice.
Texas's amendment to TRCP 201.3 (effective August 31, 2025) brings Texas into substantial alignment with UIDDA, replacing the older commission-based process that had required out-of-state counsel to obtain a Texas commission and file a miscellaneous action. Under the amended rule, the Texas court clerk issues a conforming Texas subpoena on tender of the foreign subpoena. Service and enforcement follow Texas procedure, and motions to quash are heard in Texas courts. This change eliminated a major friction point for interstate discovery in Texas.
TRCP 99 provides that citation issues when the petition is filed and must be served on the defendant, with no hard statewide service deadline like the federal 90 days. In practice, Texas requires diligence—the plaintiff must pursue service reasonably to avoid limitations-tolling problems. Under Texas case law, filing alone does not toll the statute of limitations; service must be completed with diligence, or tolling is measured from the service date. Treat service as time-critical even without a specific rule-based deadline.
The return of service under TRCP 107 must be signed and sworn to before a notary, must identify the date and hour of service, the manner of service, the papers served, and the person served. For mail service, the signed return receipt is attached. For service by JBCC-certified servers, the certification identifier should appear. Returns must also identify the court, cause, parties, and citation number. Technical defects in returns are a frequent basis for motions to quash; prepare them carefully.
Texas Secretary of State business search at direct.sos.state.tx.us for registered agents and entity information; txcourts.gov for Texas Rules of Civil Procedure, JBCC information, and judicial directory; the JBCC online database for certified process-server verification; and county district clerk offices for TRCP 201.3 foreign-subpoena issuance and local filing procedures.
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No. Texas, like every other state, prohibits parties from serving their own process. The server must be an adult non-party or an authorized officer/licensed server per Texas rules.
Texas does not impose a hard numeric deadline for original service like the federal 90-day rule, but case law requires diligent prosecution of service. Filing the petition alone does not toll the statute of limitations in Texas—service must be completed with reasonable diligence, or the tolling date is measured from the service date rather than the filing date. Treat Texas service as time-critical and document every attempt.
Yes. Under TRCP 106(a)(2), service may be made by registered or certified mail, return receipt requested. Service is complete when the return receipt is returned signed by the addressee. If the mail is returned unclaimed, refused, or signed by someone other than the addressee, service has not been perfected and the plaintiff must pivot to personal service or obtain a Rule 106(b) order for substituted service.
Under Tex. Bus. Orgs. Code § 5.201, service is made on the entity's registered agent by delivery or certified mail. Registered agents and office addresses are public record through the Texas Secretary of State at direct.sos.state.tx.us. Verify the agent of record the day of service. If the registered agent cannot be found with reasonable diligence or the entity has failed to maintain one, Tex. Bus. Orgs. Code § 5.251 authorizes substitute service on the Secretary of State.
Texas follows the majority refused-acceptance rule. The server may place the papers in the defendant's immediate presence after identifying the nature of the documents. Service is valid despite refusal.
Effective August 31, 2025, the amended TRCP 201.3 provides a modern clerk-driven process for foreign subpoenas, replacing the older commission-based procedure. Tender the foreign subpoena to the clerk of the appropriate Texas court where discovery is sought; the clerk issues a conforming Texas subpoena. Service is made by a JBCC-certified server or sheriff, and motions to quash are heard in Texas court under Texas procedure.
Start with a skip trace, then move for service by publication on a court order supported by an affidavit documenting diligent inquiry. once in each of four successive weeks in a newspaper of general circulation in the county where the action is pending.
