Can a D.A. Investigator serve a Citation for CPS? Texas Govt Code 41.109??

In addition to the Government Code provision clarifying that investigators operate generally with the same authority as a sheriff or constable, you must be mindful of the Rules of Civil Procedure, as CPS cases are civil. Rule 103 cautions: "But no person who is a party to or interested in the outcome of a suit may serve any process in that suit ...." The primary judge hearing CPS cases in our county construes that, as applied to us, as follows. You represent CPS. Your investigator works for you. You are interested in the case. Ergo, your investigator is interested in the case and cannot serve process. The Rule 103 restriction, by its terms, applies only to process, so subpoenas and other documents are probably fair game. But note also the rule's prescription that only a sheriff or constable can serve a writ that requires the actual taking of possesion of a person, property or thing, or process requiring that an enforcement action by physically enforced by the person delivering the process. While the Government Code provision does state that an investigator has the same authority as a sheriff or constable, it could be argued (and a judge could conclude) that the Rule of Civil Procedure -- which has the same legal force as a statute -- operates as a specific exception to the Government Code's general rule.

So, in summary, our investigators are not permitted to serve CPS process. That doesn't necessary mean that your judge will see it the same way. But you probably would want your prosecutor to explore that ahead of time, rather than finding out the hard way in an important case that your service was no good (in the judge's view).

Could a D.A.'s investigator be prohibited from serving a juvenile subpoena?

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