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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.

Rule 126, illustrated

Texas Rule 126: Fee for service of process in a county other than in the county of suit. Poster 1 of 1.
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(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.