Texas § ES.51.052 - SERVICE BY MAIL OR PRIVATE DELIVERY

§ ES.51.052. SERVICE BY MAIL OR PRIVATE DELIVERY

SERVICE BY MAIL OR PRIVATE DELIVERY. (a) The county clerk, or the personal representative if required by statute or court order, shall serve a citation or notice required or permitted to be served by regular mail by mailing the original citation or notice to the person to be cited or notified. (b) Except as provided by Subsection (c), the county clerk shall issue a citation or notice required or permitted to be served by a qualified delivery method and shall serve the citation or notice by sending the original citation or notice by a qualified delivery method. (c) A personal representative shall issue a notice required to be given by the representative by a qualified delivery method and shall serve the notice by sending the original notice by a qualified delivery method. (d) The county clerk or personal representative, as applicable, shall send a citation or notice under Subsection (b) or (c) with an instruction to deliver the citation or notice to the addressee only and with return receipt or other proof of delivery requested. The clerk or representative, as applicable, shall address the envelope containing the citation or notice to: (1) the attorney of record in the proceeding for the person to be cited or notified; or (2) the person to be cited or notified, if the citation or notice to the attorney is returned undelivered or the person to be cited or notified has no attorney of record in the proceeding. (e) Service by a qualified delivery method shall be made at least 20 days before the return day of the service, excluding the date of service. The date of service is the date of mailing, the date of deposit with the private delivery service, or the date of delivery by the courier, as applicable. (f) A copy of a citation or notice served under Subsection (a), (b), or (c), together with a certificate of the person serving the citation or notice showing that the citation or notice was sent and the date of the mailing, date of deposit with a private delivery service, or date of delivery by courier, as applicable, shall be filed and recorded. A returned receipt or proof of delivery receipt for a citation or notice served under Subsection (b) or (c) shall be attached to the certificate. (g) If a citation or notice served by a qualified delivery method is returned undelivered, a new citation or notice shall be issued. Service of the new citation or notice must be made by posting. Added by Acts 2009, 81st Leg., R.S., Ch. 680 , Sec. 1, eff. January 1, 2014. Amended by: Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373 ), Sec. 2, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373 ), Sec. 3, eff. September 1, 2023.