16 Tex. Admin. Code § 22.74
Service of Pleadings and Documents
Effective Feb 25, 202651 TexReg 1052Source Note: The provisions of this §22.74 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective June 1, 1997, 22 TexReg 4195; amended to be effective September 23, 1999, 24 TexReg 7401; amended to be effective December 4, 2016, 41 TexReg 9472; amended to be effective February 25, 2026, 51 TexReg 1052.Texas Secretary of State
- (a) Pleadings and Documents submitted to a presiding officer. At or before the time any document or pleading regarding a proceeding is submitted by a party to a presiding officer, a copy of such document or pleading must be filed and served on all parties. These requirements do not apply to documents that are offered into evidence during a hearing or that are submitted to a presiding officer for in camera inspection; provided, however, that the party submitting documents for in camera inspection must file and serve notice of the submission upon the other parties to the proceeding. Pleadings and documents submitted to a presiding officer during a hearing, prehearing conference, or open meeting must be filed with Central Records as soon as is practicable.
(b) Methods of service. Except as otherwise expressly provided by order, rule, or other applicable law, service on a party may be made by delivery of a copy of the pleading or document to the party's authorized representative or attorney of record by email; in person; by agent; by courier receipted delivery; by first class mail; by certified mail, return receipt requested; or by registered mail to such party's address of record. If a person has filed a statement of no access under §22.106 of this title (relating to Statement of No Access), service on such a person must be made by delivery of a copy of the pleading or document to the party's authorized representative or attorney of record; in person; by agent; by courier receipted delivery; by first class mail; by certified mail, return receipt requested; or by registered mail to such party's address of record.
- (1) Service in person is complete upon in-person delivery to the party or the party's authorized representative or attorney of record.
- (2) Service by email is complete upon sending an email that provides a link to the filing on the Interchange in an email message or providing the filing itself attached to the message to the email address of record for the party that was provided.
- (3) Service by mail is complete upon deposit of the document, postpaid and properly addressed, in the mail.
- (4) Service by agent or by courier receipted delivery is complete upon delivery to the agent or courier.
- (c) Alternative methods of service. In response to the motion of a party or on the presiding officer's own motion, the presiding officer may require service by filing, by any method specified in subsection (b) of this section, or any combination of those methods. Service by filing is complete upon acceptance for filing on the Interchange.
- (d) Evidence of service. A return receipt or affidavit of any person having personal knowledge of the facts is prima facie evidence of the facts shown thereon relating to service. A party may present other evidence to demonstrate facts relating to service.
- (e) Certificate of service. Every document required to be served on all parties must contain the following or similar certificate of service: "I, (name) (title) certify that a copy of this document was served on all parties of record in this proceeding on (date) in the following manner: (specify each method). Signed, (signature)." The list of the names and email addresses of the parties on whom the document was served should not be appended to the document.
Source Note:The provisions of this §22.74 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective June 1, 1997, 22 TexReg 4195; amended to be effective September 23, 1999, 24 TexReg 7401; amended to be effective December 4, 2016, 41 TexReg 9472; amended to be effective February 25, 2026, 51 TexReg 1052.