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Service of Process on Nonresident Motorists

Texas Civil Practice and Remedies Code, Section 17.061 et seq., provides that the Chair of the Texas Transportation Commission is the agent for service of process on a person who is a nonresident of Texas in any suit against a person involved in an accident that occurred while operating a motor vehicle on a public highway or street in this state.

If you need help determining what method of service is proper, the address to which the Chair of the Texas Transportation Commission should deliver the documents being served, or answers to other legal questions, you should contact a private attorney.

What to Submit

  • Two copies of the documents being served (citation and petition). The Texas Police/Peace Officer's Accident Report is not required.
  • Included in citation, petition or letter from the attorney:
    • The full address of the person being served out of the State of Texas.
    • The address of where the motor vehicle accident occurred; naming the public roadway, street, highway or intersection.
  • There is no fee for the Chair's service of process.

How to Submit

For suits filed in state court, a citation must be filed in accordance with Texas Rules of Civil Procedure, Rules 103 and 106, which stipulate the following:

  • Citations must be signed by the carrier and served by any:
    • sheriff,
    • constable,
    • person authorized by law or by written order of the court who is not less than eighteen years of age, such as a private process server, or
    • person certified under order of the Supreme Court.

We do not accept service sent via mail directly from plaintiff's law firm unless the lawsuit was filed in federal court and service is sent by certified mail addressed to:

Ted Houghton, Chairman
Texas Transportation Commission
125 E. 11th Street
Austin, Texas 78701-2483

Certificate of Service

Upon request and payment of the $25 certificate fee, the Chair of the Texas Transportation Commission will issue a certificate showing:

  1. that a copy of the process was forwarded to the named person at the specified address; and
  2. the United States Postal Service tracking number.

More Information