Certified process server vs. constable or sheriff in Texas

Updated October 9, 2026 · General information, not legal advice. Rules quoted from the official Texas Rules of Civil Procedure; confirm current text and local requirements with the court.

In Texas you can usually choose who serves your citation: the county constable or sheriff, or a private process server certified by the Judicial Branch Certification Commission (JBCC). Both are authorized by the same rule. The differences are in what each may serve, what it costs, and how the work gets done.

What the rule says

Texas Rule of Civil Procedure 103 says process "may be served anywhere by (1) any sheriff or constable or other person authorized by law, (2) any person authorized by law or by written order of the court who is not less than eighteen years of age, or (3) any person certified by the Judicial Branch Certification Commission."

Two limits apply to everyone who isn't a sheriff or constable:

"No person who is a party to or interested in the outcome of a suit may serve any process in that suit."
"Unless otherwise authorized by a written court order, only a sheriff or constable may serve a citation in an action of forcible entry and detainer, a writ that requires the actual taking of possession of a person, property or thing, or process requiring that an enforcement action be physically enforced."

So for an eviction citation or a writ of possession, use the constable or sheriff unless the court orders otherwise. For an ordinary civil citation, subpoena or notice, either is allowed.

Side by side

	Constable or sheriff	JBCC-certified process server
Authority	Rule 103(1)	Rule 103(3)
Where they can serve	Anywhere (Rule 103; the 1988 comment notes they are not restricted to their county)	Anywhere in Texas (Rule 103)
Evictions and possession writs	Yes	Only with a written court order
Price	Fixed by each county (examples below)	Set by the server; ask for a quote
Who handles the paperwork	The clerk usually forwards the citation to the constable when you request it	You (or your lawyer) give the citation to the server directly
Proof of service	Return under Rule 107	Return under Rule 107, verified, with the server's certification number and expiration date (Rule 107(b)(10), (e))

2026 constable fees in the biggest counties

County	Fee to serve a citation
Dallas	$80.00
Harris	$85.00 (+$85.00 expedited)
Tarrant	$90.00
Travis	$90.00, charged for unsuccessful attempts too
Bexar	$92.00

From each county's official 2026 fee schedule (see Sources). Clerks may add a separate citation issuance fee. If the case is pending in a different county, a sheriff or constable may require payment before serving (Rule 126).

When a private server is the better fit

You want to choose the person and talk to them directly about timing, attempts and updates.
The defendant is hard to catch and you want attempts at different times of day, documented for a possible motion for alternative service.
You have papers for several counties and want one point of contact. Certified servers may serve anywhere in Texas.

Check certification before you hire

Look up the server on the JBCC licensee search and confirm the status is Active, or use the "Verified certified" date on our listings. Companies can't be certified; only named individuals can, so ask which certified person will actually serve your papers. Step-by-step verification guide.

Quick answers

Is a private process server as valid as a constable in Texas?

For most civil citations, yes. Rule 103 lists sheriffs and constables and "any person certified by the Judicial Branch Certification Commission" side by side as people who may serve process "anywhere".

What can only a constable or sheriff serve in Texas?

Unless a written court order says otherwise, only a sheriff or constable may serve a citation in a forcible entry and detainer (eviction) case, a writ that requires actually taking possession of a person, property or thing, or process that has to be physically enforced (Rule 103).

How much does a constable charge to serve a citation in Texas?

Each county sets its own fee. 2026 examples: Dallas County $80, Harris County $85, Tarrant County $90, Travis County $90, Bexar County $92 per citation (official county fee schedules).

Find a certified server: Houston · Dallas · San Antonio · Austin · Fort Worth · all 254 counties.