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.
 Who is the Chair?Ted Houghton - formal title, Chair. The name of the commission is Texas Transportation Commission (formerly known as State Highway and Public Transportation Commission). |
| What address should we use for service upon the Chair? 125 E. 11th Street, Austin, Texas 78701-2483. |
| How should we serve the Commissioner? 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. |
| What is the fee for service? 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. |
| How many copies of the citation and petition do we need to send? Due to recent procedural changes, only one copy of the citation and one copy of the petition are required. The complete out-of-state address, including the zip code, must be provided In order to facilitate forwarding of the service. |
| Do you serve out of country? Yes, as long as a complete address is furnished. We serve out of country via registered mail. |
| Do you require a Texas Peace Officer's Accident Report? No. |
| In what name should a citation be issued? 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. |
For additional information, contact the Office of General Counsel at (512) 463-8630.
125 East 11th Street • Austin, Texas 78701