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Texas process server laws explain how legal documents are served, who can serve them, and what legal procedures must be followed. These rules ensure proper notice and allow courts to proceed without delays or dismissal.

Does a Process Server Need to Be Licensed in Texas?

No, Texas does not require a traditional license.

However, process servers must be certified by the Texas Judicial Branch Certification Commission.

Texas Process Server Requirements

In Texas, process servers must meet certification requirements before serving legal documents.

• Must be certified by the Process Server Certification Board
• Must carry a valid certification card
• Must complete fingerprinting through the Texas Department of Public Safety
• Must pass a background check

Fingerprinting is required through the FAST (Fingerprint Applicant Services of Texas) program, with a one-time fee for state and national criminal history records.

Once certified, a process server may legally serve process across the state.

Texas Rules of Civil Procedure

Process serving in Texas is governed by multiple rules, primarily:

• Rule 103 – Who May Serve
• Rule 106 – Method of Service
• Rule 107 – Return of Service
• Rule 108a – Service in Foreign Countries
• Rule 176 – Subpoenas

These rules define service authority, methods, and documentation requirements.

Rule 103 – Who May Serve Process

Process may be served by:

• A sheriff or constable
• A person authorized by law
• A certified process server
• Any non-party adult authorized by court order

A person involved in the case cannot serve process.

Certain actions, such as forcible entry cases, must be served only by a sheriff or constable.

Rule 106 – Methods of Service

Service may be completed by:

• Personal delivery to the defendant
• Certified or registered mail with return receipt

If standard service fails, the court may allow alternative methods such as:

• Leaving documents with a person over 16 at a known location
• Electronic service (email, social media, or other technology)

These alternative methods must be approved by the court.

Rule 107 – Proof of Service

Proof of service must include detailed information:

• Case number and court details
• Date and time service was received
• Name of the person served
• Address of service
• Method of service
• Name and certification details of the server

If service is made by certified mail, the return receipt must be included.

No default judgment can be granted until proof of service has been on file for at least 10 days.

Rule 108a – Service in Foreign Countries

Service outside the United States may be completed using:

• Foreign country laws
• International treaties such as the Hague Convention
• Court-approved methods

Service must be reasonably calculated to give actual notice to the defendant.

Rule 6 – Sunday Service Restriction

Texas law generally prohibits:

• Filing lawsuits
• Issuing or serving process on Sundays

Exceptions apply in urgent cases such as injunctions or attachment proceedings.

Additional Service Rules

Endorsement of Process (Rule 16)

The server must record:

• Date and time received
• Method of execution
• Time and place of service

Duty to Execute (Rule 105)

The server must execute and return process without delay.

Service on Businesses

Under Texas law, corporations may be served through:

• President or vice president
• Registered agent

Proper service ensures valid legal proceedings against the entity.

Rule 176 – Subpoenas

A subpoena may require a person to:

• Appear in court
• Provide testimony
• Produce documents

Who Can Issue a Subpoena

• Court clerk
• Attorney
• Authorized officer

Service of Subpoena

A subpoena may be served by:

• Sheriff or constable
• Any non-party adult (18+)

Service is completed by delivering a copy and providing required witness fees.

Subpoena Compliance

A person must comply unless excused by the court.

Failure to comply may result in contempt, fines, or other penalties.

Important Texas Process Serving Considerations

• Certification is required (not licensing)
• Only authorized individuals may serve process
• Sunday service is restricted
• Alternative service methods require court approval
• Proper proof of service is critical

Following these rules ensures valid and enforceable service.

Frequently Asked Questions

Do process servers need a license in Texas?

No, but they must be certified by the state.

Who can serve process in Texas?

A sheriff, constable, certified process server, or court-authorized adult may serve process.

Can service be done electronically?

Yes, but only with court approval.

What happens if proof of service is missing?

The court will not grant a default judgment until proper proof is filed.

Find a Texas Process Server

If you need process serving in Texas, you can search your directory to connect with certified professionals.