Rule 103.Who May Serve

Last amended July 1, 2005 · Last verified June 28, 2026

In one sentenceRule 103 says who may serve process — a sheriff or constable, a person 18 or older authorized by law or court order, or a certified process server — while barring service by a party and reserving certain process to sheriffs and constables.

Full Text of Rule 103

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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 by the Judicial Branch Certification Commission. 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 in that suit, 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 delivery 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.

End

Notes and Comments

Comment to 1988 change: The amendment makes clear that the courts are permitted to authorize persons other than Sheriffs or Constables to serve Citation. Further, Sheriffs or Constables are not restricted to service in their county. The last sentence is added to avoid the necessity of motions and fees.

Comment-2005: The rule is amended to include among the persons authorized to effect service those who meet certification requirements promulgated by the Supreme Court and to prohibit private individuals from serving certain types of process unless, in rare circumstances, a court authorizes an individual to do so.

Plain-English Summary

Rule 103 lists who can serve citation and other process anywhere in the state: a sheriff, constable, or other person authorized by law; a person 18 or older authorized by law or by written court order; or a certified process server. Service by registered or certified mail and citation by publication must, if requested, be done by the clerk of the court.

Two limits matter. No one who is a party to the suit or interested in its outcome may serve process in it. And, absent a court order, only a sheriff or constable may serve a citation in a forcible-entry-and-detainer case, a writ requiring the actual taking of a person or property, or process that must be physically enforced. A court may authorize a server without a written motion and without charging a fee.

Frequently Asked Questions

Who can serve legal papers in Texas?

Under Rule 103, a sheriff or constable, a person 18 or older authorized by law or court order, or a certified process server. A party to the suit may not serve process, and the clerk handles service by certified mail and citation by publication.

Can a party to the lawsuit serve process in Texas?

No. Rule 103 bars anyone who is a party to, or interested in the outcome of, a suit from serving process in it.

Who must serve citation in an eviction case in Texas?

Under Rule 103, absent a written court order, only a sheriff or constable may serve citation in a forcible-entry-and-detainer action, or process that requires physically taking a person or property, or that must be physically enforced.

Why was Rule 103 changed in 2005?

The 2005 amendment added certified process servers to the list of people who may serve process, and limited private individuals from serving certain kinds of process except when a court authorizes it.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 103), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: who may serveprocess serverservice of processcertified process servereighteen year old process serverTRCP 103