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The Office of General Counsel is the Designated Agent for Service for the
Chairman 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, §17.061 et seq., provides that the
Chairman 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 Chairman of the Texas Transportation Commission.
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Q: |
Who is the Chairman? |
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| A: |
Hope Andrade - 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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Q: |
What address should we use for service upon the Chairman? |
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| A: |
125 E. 11th Street, Austin, Texas 78701-2483.
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Q: |
How should we serve the Commissioner? |
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| A: |
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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Q: |
What is the fee for service? |
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| A: |
None, but we do have a Certificate Fee of $25 per defendant with check
payable to TxDOT.
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Q: |
How many copies of the citation and petition do we need to send? |
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| A: |
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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Q: |
Do you serve out of country? |
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| A: |
Yes, as long as a complete address is furnished. We serve out of country via
registered mail.
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Q: |
Do you require a Texas Peace Officer’s Accident Report? |
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| A: |
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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For additional information, contact the Office of General Counsel at
(512) 463-8630. |
