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Texas Estates Code

§ 1051.052 — SERVICE BY MAIL OR QUALIFIED DELIVERY METHOD

ES § 1051.052Title 3. GUARDIANSHIP AND RELATED PROCEDURES · Part C. PROCEDURAL MATTERS · Ch. 1051. NOTICES AND PROCESS IN GUARDIANSHIP PROCEEDINGS IN GENERAL · Art. B. METHODS OF SERVING CITATION OR NOTICE; PERSONS TO BE SERVED

Statute text

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(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.

Legislative history

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.