Texas Rules of Civil Procedure
RULE 106. METHOD OF SERVICE (District Courts & County Courts at Law)
(a) Unless the citation or an order of the court otherwise directs, the citation shall be served
by any person authorized by Rule 103 by
(1) delivering to the defendant, in person, a true copy of the citation with the date of
delivery endorsed thereon with a copy of the petition attached thereto, or
(2) mailing to the defendant by registered or certified mail, return receipt requested, a
true copy of the citation with a copy of the petition attached thereto.
(b) Upon motion supported by affidavit stating the location of the defendant's usual place of
business or usual place of abode or other place where the defendant can probably be
found and stating specifically the facts showing that service has been attempted under
either (a)(1) or (a)(2) at the location named in such affidavit but has not been successful,
the court may authorize service
(1) by leaving a true copy of the citation, with a copy of the petition attached, with
anyone over sixteen years of age at the location specified in such affidavit, or
(2) in any other manner that the affidavit or other evidence before the court shows will
be reasonably effective to give the defendant notice of the suit.
RULE 536. WHO MAY SERVE AND METHOD OF SERVICE (JP Courts)
(a) Process - including citation and other notices, writs, orders, and other papers issued
by the court - may be served anywhere by
(1) any sheriff or constable or other person authorized by law,
(2) any person authorized by law or by written order of the court who is not less than
eighteen years of age, or (3) any person certified under order of the Supreme
Court. Service by registered or certified mail and citation by publication must, if
requested, be made by the clerk of the court in which the case is pending. But no
person who is a party to or interested in the outcome of a suit may serve any
process, and, unless otherwise authorized by a written court order, only a sheriff
or constable may serve a citation in an action of forcible entry and detainer, a writ
that requires the actual taking of possession of a person, property, or thing,
or process requiring that an enforcement action be physically enforced by the
person delivering the process. The order authorizing a person to serve process
may be made without written motion and no fee may be imposed for issuance of
such order.
(b) Unless the citation or an order of the court otherwise directs, the citation shall be
served by any person authorized by this rule by:
(1) delivering to the defendant, in person, a true copy of the citation with the date of
delivery endorsed thereon with a copy of the petition attached thereto, or
(2) mailing to the defendant by registered or certified mail, return receipt requested, a
true copy of the citation with a copy of the petition attached thereto if any is filed.
(c) Upon motion supported by affidavit stating the location of the defendant's usual place
of business or usual place of abode or other place where the defendant can probably
be found and stating specifically the facts showing that service has been attempted
under either (a)(1) or (a)(2) at the location named in such affidavit but has not been
successful, the court may authorize service:
(1) by leaving a true copy of the citation, with a copy of the petition attached, with
anyone over sixteen years of age at the location specified in such affidavit, or
(2) in any other manner that the affidavit or other evidence before the court shows will
be reasonably effective to give the defendant notice of the suit.