Serving a Texas county, city or school district

Updated October 11, 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.

Local governments have no registered agent. Instead, Texas law names the officials who receive citation. Serving the wrong office, such as a city's general front desk or the county's legal department, may not count as valid service.

The rule: Civil Practice and Remedies Code Sec. 17.024

  • County: "In a suit against a county, citation must be served on the county judge" (Sec. 17.024(a)). Note the word must.
  • City, town or village: "In a suit against an incorporated city, town, or village, citation may be served on the mayor, clerk, secretary, or treasurer" (Sec. 17.024(b)).
  • School district: "In a suit against a school district, citation may be served on the president of the school board or on the superintendent" (Sec. 17.024(c)).

How to do it

  1. Name the entity correctly in the petition (for example, "City of Austin" or "Harris County, Texas") and have the citation direct service to the right official.
  2. Confirm who currently holds the office on the entity's official website. Many city clerks and county judges' offices have set hours for accepting service.
  3. Have a sheriff, constable or JBCC-certified process server deliver the citation and petition under Rule 106(a), and record the official's name and title on the return.
  4. Check the return against Rule 107 before filing it. See our return of service checklist.

Other public bodies

Sec. 17.024 covers counties, cities and school districts only. Special districts, state agencies, and suits under the Texas Tort Claims Act or other statutes can have their own service and notice rules (including pre-suit notice deadlines), so check the statute behind your claim or talk with a lawyer. Businesses are different again; see serving an LLC or corporation.

Tips

  • Ask the server to note the official's title along with their name. For example, "Jane Doe, City Secretary" shows that Sec. 17.024(b) was met.
  • Suits against government entities often involve immunity and notice questions that decide the case before service matters, so this is an area where legal advice is especially worthwhile.

Quick answers

Who do you serve when suing a Texas county?

The county judge. Civil Practice and Remedies Code Sec. 17.024(a): "In a suit against a county, citation must be served on the county judge."

Who do you serve when suing a Texas city?

Under Sec. 17.024(b), citation against an incorporated city, town, or village "may be served on the mayor, clerk, secretary, or treasurer."

Who do you serve when suing a Texas school district?

Under Sec. 17.024(c), "the president of the school board or ... the superintendent."

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Disclaimer: This guide is general information, not legal advice, and TX Server Finder is not a law firm. Rules and fees change; check the official sources below and consult a Texas attorney about your situation.

Sources

  1. Texas Civil Practice and Remedies Code, Chapter 17 (Secs. 17.024, 17.026, 17.044, 17.045), Texas Legislature Online
  2. Texas Rules of Civil Procedure (Texas Judicial Branch, current edition; downloaded Oct. 9, 2026)
  3. Texas Business Organizations Code, Chapter 5 (Secs. 5.201, 5.251–5.256), Texas Legislature Online