The Supreme Court of Texas
Process Server Review Board
P.O. BOX 12248
Austin, Texas 78711
Voice (512) 463-2713
Fax (512) 463-1365
E-mail: processservers@courts.state.tx.us
RULES OF PROFESSIONAL CONDUCT OF PRIVATE PROCESS SERVERS
(Exactly as posted on the Texas Supreme Court's website at the beginning of the comment period.)
(1) Respect
A process server shall treat with respect all persons with whom the process server interacts, in
a professional capacity, expressly including any person on whom service is attempted.
(2) Trespassing
A process server shall not trespass on any property in circumstances that could subject the
process server to a criminal conviction, regardless of whether such a charge is filed or a
conviction obtained. A process server shall not trespass on any property in circumstances that
would subject the process server to civil liability, regardless of whether a civil lawsuit is filed.
(3) Truthfulness
A process server shall be completely candid and truthful with all courts. If the service
performed does not exactly fit the usual form of return, the process server shall add information
to make the return completely accurate and disclose the true facts.
(4) Returns
A process server shall comply with all applicable provisions of the Texas Rules of Civil
Procedure relating to service of process. A process server shall make every effort to provide an
accurate and correct-as-to-form return with regard to each document served.
(5) Disclosure of Official Capacity
If a process server has a government job in which it is the process server's job to serve process
in his official capacity, the process server shall disclose to the elected official for whom he
works, that he also performs this work in a private capacity. A process server shall not accept
payment privately for any service performed on time for which the process server is being paid
in an official capacity.
(6) Wearing of Official Uniforms or Displaying Badge or Emblem of Office
A process server, who is serving papers in a private capacity, shall not serve or attempt to serve
any document while wearing any official law enforcement officer uniform or wearing a uniform
that resembles an official law enforcement uniform. A process server, who is serving papers in
a private capacity, shall not display an official law enforcement badge or a badge that resembles
an official law enforcement badge while serving or attempting to serve any document. A
process server may display identification issued or authorized by the Supreme Court of Texas.
(7) Service by Law Firm Employees
A process server shall not serve any document, other than a subpoena, in any case for a lawyer
or law firm by whom the process server is otherwise employed.
(8) Exaggerating Authority
A process server shall not exaggerate his authority, nor his position or affiliation with a court, or
official agency or their authority to serve process, or to gain access in order to serve process.
(9) Prejudice or Bias
A process server shall not willfully manifest, by words or conduct, bias or prejudice based on
race, color, national origin, religion, disability, age, sex, or sexual orientation towards any
person involved in an action or proceeding in any capacity or in hiring practices or in accepting
business.
(10) Continuing Education
A process server shall comply with the continuing education requirements as set out in the
order for a process server as promulgated by the Supreme Court of Texas.
The use, submission, or filing of any document which is all or in part false or deceptive for the
purpose of complying with the continuing education statutes and/or requirements by the
Supreme Court may be subject to disciplinary action by the Board.
Obtaining or accepting any certificate of completion or certificate of attendance from a
continuing education provider when the licensee has not met the minimum completion
requirements may be subject to disciplinary action by the Board.
Cheating or using unauthorized materials or receiving unauthorized assistance during an exam
to complete continuing education requirements may be subject to disciplinary action by the
Board.
(11) Misrepresentation of Qualifications
A process server shall not advertise or represent falsely the qualifications of a certified process
server, including professional designations or membership in professional organizations, or
that an unregistered individual is a Supreme Court certified process server.
(12) Maintaining Current Address
Each process server shall, at all times, keep the PSRB informed of their current mailing address.
Such mailing address shall be included on each license application and each license renewal
form. In the absence of the submission of a specific written request to change that mailing
address, which shall be separate from any other submission, the process servers current
mailing address is presumed to be the address on the most recent registration form. Any
request for a change of address shall be sent to the PSRB within 10 days after the change of
address becomes effective.
(13) Cooperation With Complaint Investigation
A process server is required to cooperate with the investigation of all complaints within the
purview of the Process Server Review Board and provide such information as is requested for
completing such investigations. A process server shall provide upon request the necessary
information to file complaints with the Supreme Court of Texas Process Server Board about his
or her services. The contact information shall include the current address, phone number, and
internet address of the Supreme Court Process Server Review Board.
(14) Reportable Events
A process server shall report in writing to the PSRB the occurrence of any of the following
events within ten (10) days of the date the process server has knowledge of these events:
1. Conviction or imposition of community supervision or deferred adjudication of the process
server of any of the following:
a. a felony or any crime of which fraud or dishonesty is an element; or
b. any crime involving moral turpitude; or
c. any crime related to the qualifications, functions, or duties of a process server
2. Any disciplinary action, including but not limited to revocation or suspension of a license,
registration, or other authority to practice.
3. Refusal by another authority to renew a license, registration, or other authority to deliver
process or provide process service in another jurisdiction.
4. Finding of contempt by a state or federal court.
As used in this Section, a conviction includes the initial plea, verdict, or finding of guilt, plea of
no contest, or pronouncement of sentence by a trial court even though that conviction may not
be final or sentence may not be actually imposed until all appeals are exhausted.
(15) Expose Corrupt or Dishonest Conduct of Another Licensee
A process server shall report to the PSRB any violation of this Code, which can be supported in
fact.
A process server shall not, without good cause, attribute bad motives or unethical conduct of
another process server nor bring the profession into disrepute by unfounded accusations of
impropriety.
A process server shall not file a frivolous complaint with the Board
(16) Misconduct
A PPS shall not violate this Code, knowingly assist or induce another to do so, or violate this
Code through the acts of another.
A PPS shall not engage in fraud or deceit in obtaining Supreme Court certification as a PPS
A PPS shall not use or represent that he or she possesses any certificate, college degree, or title
to which he or she is not entitled.
A PPS shall not engage in fraud or misrepresentation in obtaining registration as a PPS
A PPS shall not commit any criminal act that reflects adversely on the CPPS's honesty,
trustworthiness, or fitness as a PPS
A PPS shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
A PPS shall not engage in conduct constituting obstruction of justice.
A PPS who has been held in contempt by a state or federal court is subject to review and/or
disciplinary action by the Board.
With regard to a complaint or disciplinary proceeding, a PPS shall furnish to the PSRB a
response or other information within the time frame requested unless the PPS in good faith
timely asserts a privilege or other legal ground for failure to do so.
A PPS shall not engage in the practice of process serving when the PPS is on inactive status or
when the authorization to serve process has been suspended or terminated, including but not
limited to situations where a PPS right to serve process has been administratively suspended
for failure to comply with the continuing education requirements as stated as promulgated by
the Supreme Court of Texas.
A PPS shall not engage the services of a PPS that is on inactive status or when the process
servers certification to deliver process has been suspended or terminated.
A PPS shall not violate any other laws of the State of Texas, other states, or of the United States,
relating to the professional conduct of PPS or to the practice of process serving.
A process server shall not violate any Rule promulgated by the Supreme Court of Texas.
A PPS shall be considered to have engaged in misconduct upon a final conviction of a felony,
or imposition of community supervision in connection with a criminal prosecution of a felony,
under the laws of any state or the United States.
A PPS shall be considered to have engaged in misconduct upon a final conviction of any crime,
or imposition of community supervision in connection with a criminal prosecution, an element
of which is dishonesty or fraud, or involving a crime of moral turpitude, under the laws of any
state or the United States.
A PPS may be considered to have engaged in misconduct upon the imposition of deferred
adjudication in connection with a felony, any crime of moral turpitude, or any crime an element
of which is dishonesty or fraud.
A PPS shall not fail to comply with a final order of any state or federal court unless said order
has been lawfully stayed.
A PPS shall respond to a party's or clients inquiry within a reasonable time. Repeated failure to
respond without good cause shall be misconduct.
A PPS shall not falsely swear or commit perjury in any communication to the Board or any other
federal or state regulatory or licensing authority or court.
A PPS shall not threaten or commit assault or retaliation against parties, make libelous or
slanderous statements, or make public allegations of a lack of mental capacity regarding
parties, which cannot be supported in fact.
A PPS shall not cause or be party to, directly or indirectly, a breach in the security of the private
process server examination or any court proceeding.
ANALYSIS:
Such a code of conduct, especially if it is enforceable, is a regulatory function. The PSRB was
created to provide an "administrative" function and has, on its own without authority, assumed
a regulatory position.