THE “ANY DISINTERESTED ADULT” STANDARD FOR SERVICE
           OF CIVIL PROCESS IN TEXAS -  
19 LAWS & RULES


THE TEXAS LEGISLATURE HAS ENACTED 10 LAWS AUTHORIZING ANY
DISINTERESTED ADULT (ADA) TO SERVE CIVIL PROCESS.


1981- TX Code of Crim. P.; Art. 24.01(b)(2) – Any disinterested adult may serve criminal
subpoenas.
1985 - TCPRC; Ch. 17.065 – Any disinterested adult may serve the transportation
commissioner upon failed original service upon the commissioner or nonresident entity.
1987 - TCPRC; Ch. 17.026 – Any adult representative of a party may serve the secretary
of state.
1993 - TX Probate Code; Sec. 33(f)(1) – Any disinterested adult may serve all citations
in a Probate matter upon a defendant without state.
1993 -TX Probate Code; Sec. 632(f) – Any disinterested adult may serve all citations in
a Guardianship matter upon a defendant without state.
1999 -TX Fam. Code; Sec. 231.118 – Any disinterested adult may serve all process
issued by the Child Support Enforcement Division of the Office of the Attorney General.
2009 -TX Ins. Code; Sec. 804.201 – Any disinterested adult may serve the insurance
commissioner.
2009 revised - TX Administrative Code; Ch. 159.103(f)(1) – Any non-party adult may
serve all subpoenas issued for the State Office of Administrative Hearings.
2009 revised – TX Occupations Code; Ch. 51.3512(c) – Any person may serve all
subpoenas issued by the Texas Department of Licensing and Regulation.  
2014 - TX Gov. Code- Sec. 153.002 – New law took effect on September 1, 2014,
allowing any person to serve Judicial Branch Certification Commission subpoenas.


THE COURTS HAVE ADOPTED 9 RULES AUTHORIZING ANY DISINTERESTED
ADULT TO SERVE CIVIL PROCESS.


Fed. R. Civ. P. 4 - Any disinterested adult may serve all federal summonses.
Fed. R. Civ. P. 45 - Any disinterested adult may serve all federal civil subpoenas,
Fed. R. Crim. P. 17 - Any disinterested adult may serve all criminal subpoenas.
TRCP Rule 103(2) - Any disinterested adult may serve all citations and notices upon
written order of the court.
TRCP Rule 501.2(a)(4) - Any disinterested adult may serve all justice court citations
upon written order of the court.
TRCP Rule 108 - Any disinterested adult may serve all citations and notices upon a
defendant outside the State of Texas.
TRCP Rule 176 - Any disinterested adult may serve all civil subpoenas.
Local Rules - A single jurisdiction/county may authorize any disinterested adult, e.g.,
Grayson County Courts at Law.
TRCP Rule 500.8(d) - Recent rule adopted by the Texas Supreme Court on February 12,
2013, allowing any non-party adult to serve all Texas Justice Court civil subpoenas.
2014 - TX Gov. Code- Sec. 153.002 – New law took effect on September 1, 2014,
allowing
any person to serve Judicial Branch Certification Commission subpoenas.

CONCLUSION:
Legislative intent establishes the conviction that “any disinterested adult” is
qualified to serve civil process in Texas; and, because of the regulation
inherent to the occupation, the process server’s occupation does not need to
be regulated.  The Courts have demonstrated by the adoption of numerous
rules consistent with the Legislature’s conviction that they agree with the
wisdom of the Texas Legislature in this matter.

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