Texas · Procedure
In Texas, papers may be served by: a county constable or sheriff, a person authorized by written court order, or any non-party adult 18 years of age or older. The plaintiff cannot serve their own papers — that is an absolute prohibition under TRCP Rule 103.
Direct answer
In Texas, papers may be served by: a county constable or sheriff, a person authorized by written court order, or any non-party adult 18 years of age or older. The plaintiff cannot serve their own papers — that is an absolute prohibition under TRCP Rule 103.
Consequence
Service by an unauthorized person — including the plaintiff — produces an invalid return. A defendant served by the plaintiff can file a motion to quash service, the court will sustain it, and the case will not proceed until valid service is achieved. Any default judgment entered on invalid service is subject to being set aside.
Who serves also affects how the return is formatted and what authority statement appears on it. A constable's return carries different language than a private server's. Using the wrong authority statement — or omitting it — creates a defect in the court record.
Practice
Texas county constables are law enforcement officers specifically authorized to serve civil process. Harris County has 8 constable precincts, each covering specific geographic areas. Constable service is official government service — it carries additional legal weight but is typically slower than private server service.
The county sheriff is authorized under Rule 103. In practice, constables handle most civil service in Harris County. Sheriff service of civil process is less common but fully valid.
Any person who is not a party to the lawsuit and is 18 or older may serve process under Rule 103. This covers professional process servers, attorneys (who are not named parties), paralegals, and even friends or family who are not party to the case. Professional servers are standard for documented, court-defensible service.
A court may issue a written order authorizing a specific individual to serve process. Used in unusual circumstances where standard options are impractical.
Houston Police Department officers and Texas state troopers are not authorized to serve civil citations or petitions. They handle criminal process only. Service by city police on civil matters is invalid.
Risk
Absolute prohibition. A plaintiff serving their own citation produces an invalid return. No exception exists under Rule 103.
City police are not authorized to serve civil process in Texas. Service by HPD on a civil citation is void even if the defendant received the document.
An attorney who is also a named party to the action is a party, not just counsel, and cannot serve under Rule 103.
Any person named in the lawsuit caption as a party — plaintiff or defendant — is disqualified. Being a co-party, not just the primary plaintiff, is sufficient to disqualify.
Where this applies
These rules apply statewide under the Texas Rules of Civil Procedure. Execution is handled county by county.
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