OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Bonor&10 0. s. Arnold 

Copnty Attorney, Cob Cbuaty 

Rdert be, T%maS 

bar 8irl 

TOW lattir,or 30 

th% opinion-of thSr departme 

in rrads as iollmr, I 

Preatioe and 

ld s%%m that 

oo%dure gavaraiag 

enlad ao4 rebturnil 

ew of Rule 101, 104 

all aitatione m?md, 

a aapr oi plafntlff*s 

aa pur opinloa ou, ia WJxltihe? 

atioas in auifs for delinquent 

xeo%eU to a dsfemiant residing 

y where nuoh suit ie filed, should 

ed by a oopy oi glnln0fit'a ptttltloa 

to be U%llrero4 to t&a dsfendant with o true 

oopy 09 the Gitatiolr.%a 

Rules 13, 101, 106 and 107 of the T&s Ru3eS of 

ciw Pr0f3a0re EXB 68 ~O~~OWSS 

1’76 

"These rules aha3l'~Vex-n the pmCedWe 

in the jwtioe, oaunby, dbtrict an4 appellate 
Bonorable 0. S. Arnold, page 2 

oourte of the State of Texas in all actions 

of a civil nature, with suoh exaeptions as my 

: be her&miter ateted. Xhsre sAy statute iA 

effsot immediately prior to September 1, 1941, 

presorlbed a rule of prooadure in luneoy, guardianship, or estates of decedents, or any other 

probate proceedings in the oounty oourt diffsrlug frm these rules, suoh stetute shall apply. 

All statutes In 4ff40t 1ameUlatelp prior to 

September 1, 1941, preaoriblng rules of procedure 1x1 bond or reooguizenoa forfeitures in 

Orhiin?31 oases are hereby OOAtiAUtd iA 4ff4Ct 

as ru&es of prouedure govumi.ng such 44~44, but 

where such statutss prusoaibua Ao rulsa of proosdura ln snoh oases, these rulas shall apply. 

All etstutes in eff+t Lmediately prior to 

September 1, 194l; preaoribing rules of prooedure in tax suite aza hersby oo~tinuud %II sffsot 

as raJ4e of procedure govsrning suoh oases, 

but where such statutes presoribed JIO rules 

of prooedure In such ceoes, them rules shsll 

sPPlY l l 

YRule 101.. The oitatiog ahall be styled 

*The Stats of Texm' and- shall ,bs di_r?et?d to 

ths defendant and shall command him to.appsar 

and aginur ths plaintiff~s ,pstltlon at or 

before-10 ofolook ~a.~. of the ~Monday next 

altar the expiration of 20 days frola the dets 

of servioe thereof, stating the place of holding 

the oourt. It shall state th8 ~date of the 

filing of the p4titiOA, itr file numbor and 

style of ths easu, and the dats of lesuanoe 

of the oltetlon be signed and sealed by the 

olerk, end shell be aaooupanied by a oopy of 

plaintifr~a petition. The oitatlon shall further 

direct that if it be not served within 90 days 

efter date of its lesuenoe, it shall be returned 

unserved. The party f illng any pleading upon 

which-oltation 1s to be bud shall furnish the 

olerk with a auffioient number of oopfes thereof 

for ~44 in serving the parties to be served, and 

when the c0pl44 are 80 furnlahed the olerk shall 

make no charge thsrefor.” 
Honorabls G, S. Arnold, pa,-a 3 

Wlls 106, 

“Cnlea8 it otherwise dlreots, the oltatlon shell be served by the offtoer delivering 

to each defendant, in person, a true copy of 

th4 Oitation tith the d-jte of delivery endoraod 

thereon end with s oopy of ths petition attached 

ther eto~. 

"Rule 107. The return of th4 off5car axsou+~ 

ing th4 oitatfon shall be indorssd on or attachea 

to the -6; It ahall atets when the oltation was 

served and the mer of 44rf544, and ahall asrtlfy 

that a trus oo~y of, thd citation with tha aocompeny5ng oopy oft t&s petition was dellvsrod to the defendant, and ba signed by h5m ofi5054lly, Y&en tha 

altatlon has not been served, ths return shall show 

the dlligenoa used by the oiflosr to sreouta ths same 

and thr oausa of iallure to exsouta It, and whsra the 

Qafendant la to be found, if ha oan asoertain. No 

Qsfault judgment shall be granted In any oaus4 until 

tha oltation, with tha otfioor~s return thsreon, 

shall hate bsan on file with the olerk oi the court 

ten days, 4xolualra of the day oi filing and ths 

day oi judgm4nt.R 

’ 

Artiole 732811, Varnon’s Annotated Civil Statutes, 

is 4 specific statute relating to iorns and oertatn proosdure 

in delinquent tar suits. This department held in Opinion 

No. 0-39&S A&at Artiole 7328-l is still in toroe and effect 

and said statute has not been repealed or amended by the new 

Rulss of ?raotioe and Frocsdure in civil actions promulgated 

by the Supreme Court of this State.” 

In order to answer your question it is neoessary 

to consider Articles 7328-l and 7345b, of Vernon’s Annotated 

Civil Statutes of Texes, and the effect of’ the Texas Rules 

of Civil procedure upon these statutes. 

Heretorore this depart&ant has rendered an 

opinion (??o. O-&2l,fja) discussing at length the form OS cltations in delinquent tax suits, the rstarns oi suoh citations, 

etc. In that Opinion (:To. 0-&2&5a) a copy of which is enclosed 

herzivith, it is Shttt?d Zin;OJlg Oth6T t?iilL~S: , 

. 
’ H&&able G. 9. Arnold, page I 

” vsincs there wsre two speoilio statutes 

(irkhe 732C-1, Section 5 and Article 7345-S 

Seation 3, aupra..: governing cltetions in tax 

suits in forae 8116 efisat lmsdiately prior 

‘to Septmber 1, 19/l, the original date whan 

ths Texas Rules of Civil Prooadure became 

effeotive, we think that it is dou’rtful that 

the Texae Rules of Civil procedurs are appliaable generally to ai tations in tax suite. . .a 

However said opinion does not speolfically psss on the 

question.4 presented by you, The appellate oourts of this 

Stats, in.3ofar as we have b&m able to d&reins, have 

not passed upon the question undsr oonslderatlon, Af tar 

carefully cbnsidsrlng the tor&oing statutes and ths Texas 

Rules of Civil Prooedure we doubt that it is neoassery for 

oitatlona to be aaaompaniad by a oopy of plaintiff’s 

petition when such citations are direatsd to defendants 

residing in the aounty where suoh suits are filed. Bowuver, , 

until our courts have deolded the question It Is our oplnlon, 

that as a mntter of preoaution the ofta%ions should be aooompanied by a oopp of plalntifils petition whsn suah oitatlocs are diraated to defendants residing in the county 

where the suits ara filed. 

Very truly yours 

ATTORBEY G??lEBAL OF TFXAS 

y wuk 

Ardell Alliam 

Assistant