TEXAS RULES OF CIVIL PROCEDURE / RULE 126
TRCP 126: Fee for service of process in a county other than in the county of suit
Payment before out-of-county service and the exception when a Statement of Inability to Afford Payment of Court Costs has been filed.
Understand this rule
Start with the explanation.
Read the plain-language overview and illustrations, then follow the related rules.
Read the explanation ↓Research the authority
Start with the official rule.
Open the primary source, check the applicable version and court requirements, then compare the explanation.
Read the official rule ↗Rule 126, illustrated
Read the assigned text for poster 1
(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.