Tex. R. Civ. P. 126 — FEE FOR SERVICE OF PROCESS IN A COUNTY OTHER THAN IN THE COUNTY OF SUIT

Texas Rules of Civil Procedure · Version 2026-07-01 · Status: active · II RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS · 6 Costs and Security Therefor

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Rule text

(a) General Rule: Fee Due Before Service. A sheriff or constable may require payment before serving process in a case pending in a county other than the county in which the sheriff or constable is an officer.

(b) Exception: Statement of Inability to Afford Payment of Court Costs Filed. If a Statement of Inability to Afford Payment of Court Costs has been filed in a case in which the declarant requests service of process in a county other than in the county of suit, the clerk must indicate on the document to be served that a Statement of Inability to Afford Payment of Court Costs has been filed. The sheriff or constable must execute the service without demanding payment.

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