”Service of process” is the legal process for formally delivering certain legal documents (including lawsuits, subpoenas, or other legal processes or notices). An agent for service of process can accept the legal documents on behalf of a person or business.
The Texas Department of Insurance (TDI) receives service or process when the Commissioner of Insurance is the agent for service for an insurance company or other regulated entity under Insurance Code Chapter 804 or other applicable statutes, and TDI also receives service of process directly on the agency or the Commissioner of Insurance.
Service of process to insurance companies:
Before attempting to serve an insurance company through the Commissioner of Insurance, please confirm that the commissioner is the proper agent for service. To find the agent for service of process for an insurance company, go to our reports webpage. Be aware that domestic insurance companies may not have an agent for service listed – this may be because you should serve the company directly, as provided by Insurance Code Section 804.101.
Service of process to insurance companies through the Commissioner of Insurance:
The Commissioner of Insurance may be the agent for service of process for these types of companies and organizations:
- Foreign third-party administrators.
- Multiple employer welfare arrangements.
- Risk retention groups registered, but not chartered in Texas.
- Purchasing groups.
- Viatical settlement companies – unless the viatical settlement company has an agent for service of process filed with TDI.
- Surplus lines insurer.
- Domestic company, only if:
- The company maintains its principal offices and any part of its books, records, and accounts out of state,
and - the company doesn’t appoint or maintain an agent for service of process in Texas or its agent can’t be found after reasonable diligence.
- The company maintains its principal offices and any part of its books, records, and accounts out of state,
- Alien or foreign companies, only if:
- The company doesn’t appoint or maintain an agent for service of process.
- The company’s agent can’t be found after reasonable diligence.
or - The company no longer has a valid certificate of authority.
How to serve documents on an insurance company or other regulated entity through the Commissioner of Insurance:
Include the following:
- Two copies of the documents to be served. The document should indicate that the Commissioner of Insurance is the agent for service.
- $50 fee, (must be made by check or money order, payable to the Texas Department of Insurance).
and - The name and address of the company or organization you want to have served.
Mail them via certified or registered mail to:
Texas Department of Insurance
Chief Clerk Office
Mail code GC-CCO
PO Box 12030
Austin, Texas 78711-2030
Or take them to the Department of Insurance during one of our service-of-process windows:
Texas Department of Insurance
Barbara Jordan Building
1601 Congress Avenue
Austin, Texas 78701
Service of process on TDI or the Commissioner of Insurance:
TDI only accepts service of process directly on the agency or the Commissioner of Insurance as provided under the applicable Texas or federal rules of procedure. TDI does not accept service by mail or email, unless such service is allowed by law. To serve the agency or the Commissioner of Insurance, take them to the Department of Insurance during one of our service-of-process windows:
Texas Department of Insurance
Barbara Jordan Building
1601 Congress Avenue
Austin, Texas 78701
Timeframes when staff is available to accept service of process:
Only specific TDI staff is authorized to accept service of process in person on behalf of TDI or the Commissioner of Insurance. Staff is generally available during the following days and times, though these times may change due to the state holiday schedule and building maintenance issues:
Tuesdays and Wednesdays:
Mornings - Between 9 and 10 a.m.
Afternoons - Between 2 and 3 p.m.
To confirm staff availability on the day and time you want to serve TDI, and to let staff know you are coming, please email the TDI Chief Clerk's Office at ChiefClerk@tdi.texas.gov.
On arrival at TDI, you will need to sign in using an electronic visitor registration system. This system notifies our staff of your arrival.
Please be aware that staff will not be available to meet with you outside of the timeframes noted above, even if you arrive at the Barbara Jordan Building and register with the electronic sign-in system.
Relevant service of process laws:
- Texas Insurance Code Chapter 804, and Sections 846.059; 1111A.003; 2201.152; 2201.256; 4001.008; 4056.058; and 4151.052.
- The procedures for serving a person are also governed by Texas Rules of Civil Procedure, the local court rules, and any other applicable law.