Our office on behalf of the state has filed a civil forfeiture. The opposing side has filed a counterclaim with a declaratory judgment action that also involves a attorney general opinion to have the trial court determine whether it is a gambling device exists.
They asked me to accept service on the counterclaim/deck action but I refused. Seems like the A/G would need to be served because the fofeiture is brought by the State of Texas?
The counterclaim has been 'filed' but not served or set for hearing. If I non suit the foreiture does that dispose of the deck action counterclaim since there is no service has been had?
Has anyone had a deck action in civil foeiture? In advance thanks.

Declaratory relief is not available to settle a dispute that is currently pending before the court. BHP Petroleum, Inc. v. Millard, 800 S.W.2d 838, 841 (Tex. 1990); see also John Chezik Buick v. Friendly Chevrolet, 749 S.W.2d 591, 594 (Tex. App.--Dallas 1988, writ denied) (declaratory judgment counterclaim was not properly brought because issue raised by defendant was already before the court as part of the plaintiff's case). In short, a declaratory judgment claim that simply recasts a defense to the main legal action is improper (you just plead your defenses). The d/j counterclaim should be subject to dispatch by special exception. If you've got a solid forfeiture action (remember, once you show probable cause, the claimant bears the burden of proving the 8-liner is not a gambling device), I wouldn't dismiss just because of the improper d/j claim.

I am suspicious as to why they would want me to accept service on the ocunterclaim? Is there a procedural pitfall there?

As you point out, when you filed the original notice of forfeiture, you did so in the name of the State...specifically as the "Attorney Representing the State." (CCP 59.01(1)) If the property is forfeited to the State, your office administers the property as the agent of the State. (CCP 59.06(a)) With all of this in mind, I think it is appropriate for you to accept service on behalf of the State. (Technically, I think service should be issued to the State of Texas, by and through your elected DA or CDA, but any Assistant can accept service.) You can then make any objections to the manner of service or to the type of claim (e.g., the dec action) by way of a Special Appearance, Plea to the Jurisdiction or Special Exception, depending on the nature of your objection.