The primary function of a Texas process server, as defined by the Texas Rules of Procedure, is the delivery of court documents. Similar to mail carriers or delivery services, they don’t have a legal duty to engage in “staking out” or prolonged observation activities.
Texas Occupations Code Chapter 1702 regulates private security services, which can include observation services. While Chapter 1702 doesn’t explicitly address process servers, “staking out” could be misinterpreted as falling under this category.
Process Servers vs. Security Professionals
The key difference lies in the purpose and duration of waiting:
- Process servers: Function as couriers, delivering court documents. Brief waiting with consent falls within this scope. Prolonged observation without consent might be considered “staking out.”
- Private security services: Often engage in activities like investigation and observation, which typically require a license under Chapter 1702.
Waiting with Consent vs. Staking Out
There’s a clear distinction between waiting with consent and “staking out”:
- Waiting with Consent:
- A process server attempts service and makes contact with a resident.
- The resident informs the recipient of the attempt, and the recipient agrees to arrive shortly.
- The process server waits briefly with the resident’s consent to complete the service upon arrival.
- This scenario falls within the scope of a process server’s duties and doesn’t require a license.
- Staking Out:
- The process server waits for an extended period without any prior contact or consent.
- This can be seen as exceeding the scope of a process server’s role and potentially requiring a license under Chapter 1702 due to its resemblance to observation services.
Recommendations
To avoid any misinterpretations, process servers should:
- Prioritize First Attempt: Attempt service during normal hours whenever possible.
- Document Attempts: Maintain clear documentation of all service attempts, including dates, times, and any interactions with residents.
- Seek Guidance: For specific situations or potential ambiguities, consult with:
- DPS – Private Security Board: They can provide official clarification on the legality of waiting scenarios.
- Texas Lawyer: A lawyer specializing in this area can offer definitive legal advice on potential interpretations and risks associated with waiting.
Conclusion
The legal boundaries surrounding waiting for recipients can be nuanced for Texas process servers. While brief waiting with consent falls within their role, “staking out” might require a license. Prioritization of first attempts, clear documentation, and seeking official guidance help ensure compliance with regulations.
