THEATTORNEYGENERAI,
0F TEXAS
September 15, 1977
Honorable Joe Resweber Opinion No. H-1054
County Attorney
Harris County Courthouse Re: Whether a sheriff or
Houston, Texas 77002 constable can recover the
cost of postage incurred
when service of citation is
by mail.
Dear Mr. Resweber:
You have requested our opinion concerning whether a sher-
iff or constable can recover the cost of postage incurred when
service of citation is by mail.
Article 3933a, V.T.C.S., provides in part:
Sheriffs and Constables shall receive the
following fees:
For each person, corporation or legal
entity, on whom service of citation, sub-
poena, summons, or process not otherwise
provided for, is performed and return
made, including mileage, if any, a fee of
(a) Small Claims Courts $4.00
(b) All other Courts $8.00
Rule 106, Tex. R. Civ. P., provides for personal service,
substituted service, service by mail, "or in any other manner
which will be reasonably effective to give the defendant notice
of the suit." Rule 116, Tex. R. Civ. P., provides for citation
by publication. In Cook v. Jones, 521 S.W.2d 335 (Tex. Civ. App.
-- Dallas 1975, writ ref'd n.r.e.), the court stated in dicta
that the sheriff or constable could normally recover the costs
of publication "as he may charge a fee for serving other ci-
tations." 521 S.W.Zd at 338. Apparently the court viewed
Rule 116 as providing for service not contemplated under ar-
ticle 3933a. However, article 3933a was clearly intended to
apply to personal service, and service by mail is provided for
by the same Rule 106.
p. 4332
Honorable Joe Resweber - Page 2 (H-1054)
In Attorney General Opinion S-87 (1953) at 2 this office
stated:
Fee statutes are strictly construed and
fees are not permitted by implication.
Binford v. Robinson, 112 Tex. 86, 244 S.W.
807 (1922); McCalla v. City of Rockdale,
112 Tex. 209, 246 S.W. 654 (1922).
In light of the general rule noted in S-87 and the provision
for personal service and service by mail in the same rule, in
our opinion article 3933a was intended to apply to service
by mail. Accordingly, a sheriff or constable may receive only
the fees specified in article 3933a for service of citation
by mail; he may not recover the cost of postage.
SUMMARY
The fee for service of citation by mail
is governed by article 3933a, V.T.C.S. A
sheriff or constable may not recover the
costs of postage in addition to the fees
authorized by article 3933a.
/ Attorney General of Texas
APPROVED:
Opinion Committee
jst
p. 4333