§ 17.024.Service on Political Subdivision
Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 17. Parties; Citation; Long-Arm Jurisdiction · Subchapter B. Citation Generally · Last amended 1985 · Last verified August 29, 2026
Full Text of § 17.024
Plain-English Summary
Three short subsections, and one word separates the first from the other two.
In a suit against a county, citation must be served on the county judge. One office, and the section says must. Service on a commissioner, the county clerk, or the county attorney does not satisfy it.
In a suit against an incorporated city, town, or village, citation may be served on the mayor, clerk, secretary, or treasurer. Four offices, and may — any of them will do.
In a suit against a school district, citation may be served on the president of the school board or on the superintendent. Two offices, again permissive.
The difference is worth taking seriously. Defective service on a governmental defendant is a frequent basis for setting aside a default judgment, and the county provision offers no alternative to get it right by accident.
Service is only part of suing a governmental entity. Immunity must be waived, and short pre-suit notice deadlines often apply — six months under the Tort Claims Act, and shorter periods under many municipal charters. Correct service does not preserve a claim that a notice deadline has already defeated.
Frequently Asked Questions
Who do I serve to sue a Texas county?
The county judge. The section is mandatory and names only that office.
Who do I serve to sue a city?
The mayor, clerk, secretary, or treasurer — any of the four.
Who do I serve to sue a school district?
The president of the school board or the superintendent.
Is correct service all I need?
No. Immunity must be waived and pre-suit notice deadlines observed — six months under the Tort Claims Act, and often shorter under a city charter.
Amendment History
- Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.