This section tells the county clerk or guardian how to serve citations and notices, including by regular mail or qualified delivery method, and requires filing proof of service.
Sec. 1051.052. SERVICE BY MAIL OR QUALIFIED DELIVERY METHOD. (a) The county clerk, or the guardian if required by statute or court order, shall serve a citation or notice required or permitted to be served by regular mail by mailing the original citation or notice to the person to be cited or notified. (b) Except as provided by Subsection (c), the county clerk shall issue a citation or notice required or permitted to be served by a qualified delivery method and shall serve the citation or notice by sending the original citation or notice by a qualified delivery method. (c) A guardian shall issue a notice required to be given by the guardian by a qualified delivery method and shall serve the notice by sending the original notice by a qualified delivery method. (d) The county clerk or guardian, as applicable, shall send a citation or notice under Subsection (b) or (c) with an instruction to deliver the citation or notice to the addressee only and with return receipt or other proof of delivery requiring recipient signature requested. The clerk or guardian, as applicable, shall address the envelope containing the citation or notice to: (1) the attorney of record in the proceeding for the person to be cited or notified; or (2) the person to be cited or notified, if the citation or notice to the attorney is returned undelivered or the person to be cited or notified has no attorney of record in the proceeding. (e) Service by a qualified delivery method must be made at least 20 days before the return day of the citation or notice, excluding the date of service. The date of service is the date of mailing, the date of deposit with the private delivery service, or the date of delivery by courier, as applicable. (f) A copy of a citation or notice served under Subsection (a), (b), or (c) and a certificate of the person serving the citation or notice showing that the citation or notice was sent and the date of the mailing, the date of deposit with a private delivery service, or the date of delivery by courier, as applicable, shall be filed and recorded. A returned receipt or other proof of delivery receipt for a citation or notice served under Subsection (b) or (c) shall be attached to the certificate. (g) If a citation or notice served by mail is returned undelivered, a new citation or notice shall be issued. Service of the new citation or notice must be made by posting. Text of subsection as added by Acts 2023, 88th Leg., R.S., Ch. 123 (H.B. 785), Sec. 4 (h) The applicant or movant in a guardianship proceeding shall pay the cost of delivery of a citation or notice under this section, to be taxed as costs in the proceeding. Text of subsection as added by Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 4 (h) The applicant or movant in a guardianship proceeding shall pay the cost of delivery of a citation or notice under this section. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2023, 88th Leg., R.S., Ch. 123 (H.B. 785), Sec. 3, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 123 (H.B. 785), Sec. 4, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 3, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 4, eff. September 1, 2023.