§ 17.025.Assessment of Postage Cost for Mail Service
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 § 17.025
Plain-English Summary
A small administrative provision that removes a real friction from service by mail.
Where a public official is required or permitted by law to serve legal process by mail — including process in a suit for delinquent taxes — the official may either collect advance payment for the actual cost of the postage, or assess the expense of postage as costs.
The choice between the two matters to the official, not the litigant. Advance collection means the office is never out of pocket; assessing as costs means the expense is recovered at the end, from whoever bears the costs of suit.
Subsection (b) confirms these charges are additional. They come on top of the other charges allowed by law for services performed by the official serving the process, so a service fee and the postage are separate items rather than one bundled charge.
The express mention of delinquent tax suits is the clue to why the section exists. Tax suits are served by mail in volume, often against many defendants at once, and without express authority a tax office would be absorbing postage across thousands of files.
"Actual cost" is a limit as well as an authorisation. The official may recover what the postage cost, not a rounded administrative figure.
The section says nothing about who ultimately bears the expense where costs are assessed — that follows the ordinary rules on costs, which generally fall on the losing party.
Frequently Asked Questions
Who pays the postage for service by mail?
The official may collect it in advance from the party requesting service, or assess it as costs in the case.
Can the official charge more than the postage?
Not for postage — the section allows the actual cost. Other charges allowed by law for the service itself are additional.
Does this apply to tax suits?
Yes, expressly. Delinquent tax process is named in the section, and volume mail service is the reason it exists.
Amendment History
- Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.