§ 17.029.Service on Inmate of Texas Department of Criminal Justice
Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 17. Parties; Citation; Long-Arm Jurisdiction · Subchapter B. Citation Generally · Last amended 2011 · Last verified August 29, 2026
Full Text of § 17.029
Plain-English Summary
A 2011 provision solving a practical problem: how to serve someone the state is holding.
"Inmate" means a person confined in a facility operated by or under contract with the Texas Department of Criminal Justice. In a civil action against an inmate, citation or other civil process may be served on the inmate by serving a person designated as an agent.
The designation is mandatory. The warden of each facility shall designate an employee at that facility to serve as agent for service of civil process on inmates confined there. Every facility has one; a plaintiff does not need to negotiate access.
Subsection (d) closes the loop: the designated employee shall promptly deliver any civil process served on the employee to the appropriate inmate. Service on the agent is not a legal fiction — the statute requires actual delivery, which is what makes the notice adequate.
The section pairs with the venue rule placing an inmate's own claims in the county where the facility sits. Together they make a facility both the place an inmate sues and the place an inmate is sued.
Frequently Asked Questions
How do I serve a lawsuit on someone in prison in Texas?
By serving the employee the facility warden has designated as agent for service of civil process on inmates.
Does every facility have such an agent?
Yes. The warden of each facility operated by or under contract with the Department of Criminal Justice must designate one.
Does the inmate actually receive the papers?
Yes. The designated employee must promptly deliver any civil process served on them to the inmate.
Amendment History
- Added by Acts 2011, 82nd Leg., R.S., Ch. 267 (H.B. 1381), Sec. 1, eff. September 1, 2011.