Texas § ES.1051.153 - PROOF OF SERVICE

§ ES.1051.153. PROOF OF SERVICE

PROOF OF SERVICE. (a) Proof of service in each case requiring citation or notice must be filed before a hearing. (b) Proof of service consists of: (1) if the service is made by a sheriff or constable, the return of service; (2) if the service is made by a private person, the person's affidavit; (3) if the service is made by mail or by a qualified delivery method: (A) the certificate of the county clerk making the service, or the affidavit of the guardian or other person making the service that states that the citation or notice was mailed or sent by a qualified delivery method and the date of the mailing, the date of deposit with the private delivery service, or the date of delivery by courier, as applicable; and (B) the return receipt or other proof of delivery receipt attached to the certificate or affidavit, as applicable, if the service was made by a qualified delivery method; and (4) if the service is made by publication: (A) a statement that: (i) is made by the Office of Court Administration of the Texas Judicial System or an employee of the office; (ii) contains or to which is attached a copy of the published citation or notice; and (iii) states the date of publication on the public information Internet website maintained as required by Section 72.034 , Government Code; and (B) an affidavit that: (i) is made by the publisher of the newspaper in which the citation or notice was published or an employee of the publisher; (ii) contains or to which is attached a copy of the published citation or notice; and (iii) states the date of publication printed on the newspaper in which the citation or notice was published. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891 ), Sec. 10.08, eff. June 1, 2020. Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774 ), Sec. 9.03, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 123 (H.B. 785 ), Sec. 8, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457 ), Sec. 8, eff. September 1, 2023.