Fact Sheet about the proposed changes to Rule 103
Check out the Supreme Court list of Certified Process Servers.

 
1. Help me understand the "Certified Process Server" designation.
Only the Supreme Court of Texas will have the authority to bestow a "Certified Process Server" designation. Only a person who has made application, and who meets the qualifications established by the Texas Supreme Court in Misc. Docket 05-9122 can apply to the Texas Process Service Review Board to be a "Certified Process Servers". No other organization or association will be able to use that designation.
 
2. How will the proposed changes affect courses offered at PS-Academy?
Not a bit.  The courses we offer meet the qualifications established by the Supreme Court of Texas in its Misc. Docket 05-9122. PS-Academy made application for approval of our online course on July 1, appeared at the first meeting of the Texas Process Service Review Board in Austin o n August 12th, the Board considere our application, agreed to review our course online, after which we expect to receive approval before the Board's next regular meeting tentatively scheduled for November. If you plan to get certified by the Supreme Court, you can take our online course, and at the same time, download the application forms from the Supreme Court website, get your fingerprints taken and send them to the Dep't of Public Safety for a criminal background check. Once you've received our Certificate of Proficiency, your application will be complete, so submit it to the Board for approval. They won't be considering any new applications from process servers until their next meeting, anyway.
 
Remember, you do NOT need to be Certified by the Supreme Court in order to serve process out of only one or two counties, IF those counties continue to issue individual orders pursuant to Rule 103. Check directly with the courts. But you DO need to pass a training course if you want to serve process out of many Texas courts, and intend to get Certified by the Supreme Court.
 
3. How will the proposed changes affect the Standing Order I already have out of courts in Tarrant, Dallas, Denton or other counties? 
Check the expiration date of your standing order. If you had a standing order out of Dallas or Denton counties, you're probably Certified by the Supreme Court of Texas. Check here to see if your name is on the list. Standing orders from other courts may still be effective, since the new law doesn't address such existing orders. But no standing orders can be issued by any court in the future. Check with the clerk of each county for specifics.
 
4. How will the proposed changes affect the Standing Order I already have out of courts in Harris county?
If you had a standing order out of the Harris county, you are probably Certified by the Supreme Court of Texas. Check here to see if your name is on the statewide list.  Harris county will continue to offer courses through the Houston Young Lawyer's Association, but check with Harris county for specifics. Once your standing order expires in Harris County, you will have to be certified by the Supreme Court before you can serve out of any courts in Harris county.
 
5. How will the proposed changes affect my ability to serve papers out of other district and county courts?
If you intend to serve process out of only one or two counties, or if the courts where you do most of your service continue to issue orders under Rule 103, then you will not need to do anything other than continue what you're already doing. You do NOT need to be certified to be a process server. But if you want to serve process out of several counties, or out of every court in Texas, then it would be advisable to apply for Certification from the Supreme Court. Once you are Certified, you'll be able to serve process out of every court in Texas, regardless of county. Certification by the Supreme Court will take precedence over any individual orders issued...or not issued...out of any trial court.
 
6. Will Certified Process Servers be able to serve process out of courts in Harris County?
Yes and No. Certification by the Supreme Court means that you've met the requirements established by the new law (including passing a proficiency exam from a training course that's been approved by the Court). If the training course has been approved, then once you're Certified by the Supreme Court, you'll be eligible to serve papers out of any court in Texas, whether it's in Harris, Bexar, Travis, Dallas, El Paso, Hudspeth, Tarrant, Potter, or any other county in the state. AND you'll be able to serve out of the District Courts, County COurts at Law, Probate Courts, and courts of the Justice of the Peace. Those who were already approved for standing orders out of Dallas, Denton, and Harris counties are "grandfathered" in, and are already Certified. Check out the Supreme Court list of Certified Process Servers.
 
7.Will the Supreme Court be the exclusive means for authorizing service of process?
No. Trial courts may elect to continue their current practice of authorizing individual process servers; they'll just be prohibited from issuing standing orders. Check with the court for specifics.

8. Will all trial courts be required to allow a Certified Process Server to serve process out of their courts? 
Yes. Certification by the Supreme Court will take precedence over any individual orders issued...or not issued....at the trial court level. So no court will be able to prohibit a Certified Process Server from serving process out of that court. 
 
9. Can trial courts continue to issue standing orders?
No. Trial courts will not be allowed to issue standing orders, although some courts may choose to continue issuing individual orders in specific cases.
10. If I take a course now, how will it affect my status as a private process server?  
Once you pass our online course, we'll issue you a Certificate of Proficiency that you can submit with your application packet to the Texas Process Service Review Board. It will be put on hold until our course is approved by the Supreme Court, and will be considered at the Board's next regular meeting tentatively scheduled for sometime in November.
11. Tell me about the Texas Process Service Review Board.
The Texas Supreme Court Justices appointed nine persons to be members of the Texas Process Service Review Board. You can click here to read the Order, see who's been appointed to the Board, and read about its function, powers and duties.

12. I have already been granted a Standing Order by a District Court. So, am I automatically certified?
Not necessarily. Check out the Supreme Court list of Certified Process Servers. If you're not on that list, then a standing order granted by a particular court or county may be good only out of the court or county that issued it, and only until it expires.  After that, you will still have to make application with the Texas Process Service Review Board to become a Certified Process Server by the Supreme Court of Texas, and that will still require you to pass a course.

Other Questions? Send us an email and we'll help find the answers!!
 
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