Service of Process on Nonresident Motorists
The Office of General Counsel is the Designated Agent for Service for the
Chair and members of the Texas Transportation Commission, the executive
director, and the department for all lawsuits against the department and
nonresident motor vehicle accidents.
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 in any suit
against a person involved in an accident while operating a motor vehicle on a
public highway or street in this state.
Frequently asked questions regarding the service of process under the
long-arm statute by the Chair of the Texas Transportation Commission.
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Who is the Chair? |
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Deirdre Delisi - formal title, Chair. The name of the
commission is Texas Transportation Commission (formerly
known as State Highway and Public Transportation
Commission).
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What address should we use
for service upon the Chair? |
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125 E. 11th Street, Austin, Texas 78701-2483.
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How should we serve the
Commissioner? |
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Service of process must be formally served as provided for in Rules 103 and 106
of the Texas Rules of Civil Procedure (TRCP), i.e. by a sheriff, constable,
(appointed) civil process server, or clerk of the court, in person or by
certified mail.
We do not accept service sent certified mail direct from
plaintiff's law firm unless the lawsuit was filed in federal
court.
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What is the fee for
service? |
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There is no fee for the Chair's service of process.
For a $25 fee, any party may request a certificate from
the Chair certifying any action or occurrence associated
with the service of process. If the initial citation serving
the Chair is accompanied by the $25 fee, a certificate will
be issued certifying that the Chair was served a notice of
process as an agent for the nonresident motorist, and
forwarded a copy of the process to the nonresident motorist
by registered or certified mail. Should multiple
certificates be requested, the fee for each certificate is
$25. For individuals who want to serve the Chair, please
read the
revised Citation procedural change letter.
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How many copies of the
citation and petition do we need to send? |
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Two copies of the citation and two copies of the petition for each defendant
served to include complete out-of-state address for defendant with zip code.
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Do you serve out of
country? |
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Yes, as long as a complete address is furnished. We serve
out of country via registered mail.
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Do you require a Texas
Peace Officer's Accident Report? |
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We only require that you forward to us a copy of the Texas
Peace Officer's Accident Report if TxDOT cannot determine
the exact location of the accident from the petition or
other documents provided. This is required to determine
whether the accident occurred on a public highway or street
in Texas.
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In what name should a
citation be issued? |
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The citation must be issued in the name of the defendant with the Chair of
the Texas Transportation Commission listed as the Agent of Service.
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For additional information, contact the Office of General Counsel at (512)
463-8630.
125 East 11th Street . Austin, Texas 78701 
