ISSUANCE, SERVICE, AND RETURN OF CITATION

(a) Issuance. When a petition is filed, the court must immediately issue citation directed to each defendant. The plaintiff is responsible for obtaining service on the defendant of the citation, a copy of the petition, and any documents filed with the petition. Upon request, separate or additional citations must be issued by the clerk. The clerk must retain a copy of the citation in the court’s file. Page 265 (b) Form. The citation must: (1) be styled “The State of Texas”; (2) be signed by the clerk under seal of court or by the judge; (3) contain the name, location, and address of the court; (4) state the date of filing of the petition; (5) state the date of issuance of the citation; (6) state the file number and names of parties; (7) state the plaintiff’s cause of action and relief sought; (8) be directed to the defendant; (9) state the name and address of attorney for plaintiff, or if the plaintiff does not have an attorney, the address of plaintiff; (10) state the day the defendant must appear in person for trial at the court issuing citation, which must not be less than 10 days nor more than 21 days after the petition is filed; (11) notify the defendant that if the defendant fails to appear in person for trial, judgment by default may be rendered for the relief demanded in the petition; (12) inform the defendant that, upon timely request and payment of a jury fee no later than 3 days before the day set for trial, or 3 days after service of citation and the petition, whichever is later, the case will be heard by a jury; (13) include the following statement on the first page of the citation in conspicuous bold print: Suit to Evict This suit to evict involves immediate deadlines. A tenant who is serving on active military duty may have special rights or relief related to this suit under federal law, including the Servicemembers Civil Relief Act (50 U.S.C. App. Section 501 et seq.), or state law, including section 92.017, Texas Property Code. Call the State Bar of Texas toll-free at 1-877-9TEXBAR if you need help locating an attorney. If you cannot afford to hire an attorney, you may be eligible for free or low-cost legal assistance. Failure to appear for trial may result in a default judgment being entered against you. Page 266 (14) if the plaintiff has filed a motion for summary disposition under Rule 510.10, include the following statement on the first page of the citation in conspicuous bold print: The petition includes a motion for summary disposition. If the motion shows there are no genuinely disputed facts that would prevent a judgment in favor of the landlord, the court may enter judgment in favor of the landlord without a trial unless: (1) not later than the fourth day after you are served with the landlord’s sworn petition, you file a response setting out supporting facts about why you should not be evicted and providing any applicable documents on which your response relies; and (2) the justice court determines that service on you was proper and, based on the landlord’s sworn petition and your response, there are genuinely disputed facts that would prevent a judgment in favor of the landlord. (15) include the following statement on the first page of the citation bold print: “For more information, consult Rule 510 of the Texas Rules of Civil Procedure, which is available online and also at this citation, and www.TexasLawHelp.org.” the court listed on (c) Copies. The plaintiff must provide enough copies to be served on each defendant. If the plaintiff fails to do so, the clerk may make copies and charge the plaintiff the allowable copying cost. (d) Service of Citation. (1) Who May Serve. Only a sheriff or constable may serve a citation in an eviction case. (2) Service by Other Law Enforcement Officer. If the sheriff or constable has not served the citation and petition within 5 business days after the petition’s filing, the plaintiff may file with the court a request for issuance of an alias citation to be served by any other law enforcement officer, including an off-duty officer with appropriate identification, who has received appropriate training in the service of process, eviction procedures, and the execution of writs, as determined by the Texas Commission on Law Enforcement. (A) When such a request is filed with the court, the clerk must immediately issue the alias citation. (B) The plaintiff will not be entitled to a refund of any service fee and is responsible to the other law enforcement officer for payment of a fee for the service, if any. (3) Endorsement. The sheriff, constable, or other law enforcement officer must endorse on the citation the date and hour that the sheriff, constable, or other law enforcement officer received the citation. Page 267 (4) Method and Timing of Service. The sheriff or constable receiving the citation must make a diligent effort to execute it within 5 business days after the date the petition is filed by delivering a copy with a copy of the petition attached to the defendant, or by leaving a copy with a copy of the petition attached with some person, other than the plaintiff, over the age of 16 years, at the defendant’s usual place of residence, at least 4 days before the day the case is set for trial. A citation cannot be served on a Sunday. (e) Alternative Service by Delivery to the Premises. (1) When Allowed. The citation may be served by delivery to the premises if: (A) (B) (C) the sheriff, constable, or other law enforcement officer is unsuccessful in serving the citation under (d); the petition lists all home and work addresses of the defendant that are known to the plaintiff and states that the plaintiff knows of no other home or work addresses of the defendant in the county where the premises are located; and the sheriff, constable, or other law enforcement officer files a sworn statement that it has made diligent efforts to serve such citation on at least two occasions at all addresses of the defendant in the county where the premises are located, stating the times and places of attempted service. (2) Method. If the judge authorizes service by delivery to the premises, the sheriff, constable, or other law enforcement officer must, at least 4 days before the day set for trial: (A) deliver a copy of the citation with a copy of the petition attached to the premises by placing it through a door mail chute or slipping it under the front door; if neither method is possible, the officer may securely affix the citation to the front door or main entry to the premises; and (B) deposit in the mail a copy of the citation with a copy of the petition attached, addressed to defendant at the premises and sent by first class mail. (3) Notation on Return. The sheriff, constable, or other law enforcement officer must note on the return of service the date the citation was delivered and the date it was deposited in the mail. (f) Return of Service. Page 268 (1) Return of Service Required; Timing. At least one day before the day set for trial, the sheriff, constable, or other law enforcement officer must complete and file a return of service with the court that issued the citation. (2) Contents. The return, together with any document to which it is attached, must include the following information: (A) the case number and case name; (B) the court in which the case is filed; (C) a description of what was served; (D) the date and time the process was received for service; (E) the person or entity served; (F) the address served; (G) the date of service or attempted service; (H) the manner of delivery of service or attempted service; (I) (J) the name of the person who served or attempted service; and if service was executed by another law enforcement officer under (d), an attestation that the officer was qualified to serve the citation under Chapter 24 of the Texas Property Code. (3) (4) Failure to Serve. When the sheriff, constable, or other law enforcement officer has not served the citation, the return must show the diligence used by the sheriff, constable, or law enforcement officer to execute the same and the cause of failure to execute it, and where the defendant is to be found, if ascertainable. Signature. The sheriff, constable, or other law enforcement officer who serves or attempts to serve a citation must sign the return. If the return is signed by a person other than a sheriff or constable, the return must either be verified or be signed under penalty of perjury. A return signed under penalty of perjury must contain the statement below in substantially the following form: “My name is (First) (Middle) (Last) , I am at least 18 years old, and my address is (Street), (City), (State) (Zip Code), (Country) . I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of , on the day of (Month) , (Year) . Page 269 ______________________ Declarant” (5) Filing Return. The return and any document to which it is attached must be filed with the court.