1993 Texas Attorney General Reports and Opinions 1 (1993)

handle is hein.sag/sagtx0053 and id is 1 raw text is: Office of the Zittornep Oeneral
State of Tcxas
DAN MORALES
ATTORNEY GENERAL                      October 29, 1996
The Honorable Mike Driscoll          Opinion No. DM-250-A
Harris County Attorney
1001 Preston, Suite 63,J             Re: Correction of summary of Attorney
Houston, Texas 77002-1891            General Opinion DM-250 (1993) (RQ-915)
Dear Mr. Driscoll:
It has recently been brought to my attention that certain language in the summary
of Attorney General Opinion DM-250 may not accurately reflect the conclusion reached in
the text of the opinion and may be misleading.
In response to your second question concerning the fees that may be charged if
service of process by registered or certified mail is made by the clerk of the justice court,
we state in Attorney General Opinion DM-250 as follows:
We think [that] 'all other processes and procedures in a civil
matter in a justice court' under section 118.122 includes service of
process by registered or certified mail in civil cases. We therefore
conclude that pursuant to sections 118.121 and 118.122 of the Local
Government Code, service of process by mail is a 'service rendered
before judgment' that is included in the $15.00 filing fee established
for a civil matter in justice court.
Attorney General Opinion DM-250 (1993) at 3.
In the suntnary, w- state that: Pursuant to sections 118.121 and 118.122 of the
Local Government Code, the justice court clerk may charge a fee of $15.00 for service of
process by registered or certified mail . . . . Id. at 5.
We agree that the quoted language does not accurately reflect the conclusion
reached in the text of the opinion and is misleading and, accordingly, revise the summary
to read as follows:
SUMMARY
Pursuant to rule 536 of the Texas Rules of Civil Procedure, the
clerk of a justice court must serve citation by mail or publication if
asked to do so. Rule 536 of the Texas Rules of Civil Procedure
permits any sheriff, constable or any person authorized by law or any

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