Sec. 1051.053. SERVICE BY POSTING. (a) The county clerk shall deliver the original and a copy of a citation or notice required to be posted to the sheriff or a constable of the county in which the proceeding is pending. The sheriff or constable shall post the copy at the door of the county courthouse or the location in or near the courthouse where public notices are customarily posted.
(b) Citation or notice under this section must be posted for at least 10 days before the return day of the citation or notice, excluding the date of posting, except as provided by Section 1051.152(b). The date of service of citation or notice by posting is the date of posting.
(c) A sheriff or constable who posts a copy of a citation or notice under this section shall return the original citation or notice to the county clerk and state the date and location of the posting in a written return of the copy of the citation or notice.
(d) The method of service prescribed by this section applies when a guardian is required or permitted to post a notice. The notice must be:
(1) issued in the name of the guardian;
(2) addressed and delivered to, and posted and returned by, the appropriate officer; and
(3) filed with the county clerk.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Section: Previous 1051.001 1051.002 1051.003 1051.051 1051.052 1051.053 1051.054 1051.055 1051.056 1051.101 1051.102 1051.103 1051.104 1051.105 1051.106 NextLast modified: September 28, 2016