It is well settled in Texas that this dual requirement is satisfied when a claimant files a petition within twenty days with a bona fide intent that citation shall issue and be served at once or that a waiver of citation will be obtained and filed at once. Herrera v. Texas Employers Insurance Association, 653 S.W.2d 359, 360 (Tex.Civ.App. — San Antonio 1983, no writ). In 1986 Foster filed the present suit attempting to mature the 1984 IAB ruling.

In this context, all that must be shown by a plaintiff is a bona fide intent that process shall be issued and served at once. Ocean Accident Guar. Corp. v. May, 15 S.W.2d 594, 597 (Tex. Comm'n App. 1929); Cook, 834 S.W.2d at 121; Herrera v. Texas Employers' Ins. Assoc., 653 S.W.2d 359, 360 (Tex.App.-San Antonio 1983, no writ); Wilborn v. Texas Employers' Ins. Assoc., 558 S.W.2d 65, 67 (Tex.Civ.App.-Amarillo 1977, writ ref'd n.r.e.). In this case, appellant obtained issuance of citation against the City of Edinburg on October 1, 1987, less than two months after the petition was filed.

Furthermore, appellants did not serve TCJC with citation for almost one year after the filing of Plaintiffs' First Amended Original Petition. Nevertheless, appellants urge us to consider "additional facts" in ascertaining their intent to prosecute the lawsuit. Herrera v. Texas Employers' Ins. Assoc., 653 S.W.2d 359, 361 (Tex.App. — San Antonio 1983, no writ). Appellants claim that the trial court obtained subject matter jurisdiction because appellants served TCJC's attorney with a copy of Plaintiffs' First Amended Original Petition near the time the pleading was filed, even though the amended petition was not filed within the twenty-day window and TCJC was not served with citation for approximately one year thereafter.

The procedure to set aside an IAB award is governed by TEX.REV.CIV.STAT.ANN. art. 8307, § 5, which requires that appellant "bring . . . institute and prosecute" its suit within 20 days after filing an appeal notice with the IAB. This dual requirement is satisfied when a claimant files a petition within 20 days with the bona fide intent that citation shall issue and be served at once or that a waiver of citation will be obtained and filed at once. Maryland Casualty Co. v. Jones, 129 Tex. 392, 104 S.W.2d 847, 849 (1937); Ocean Accident Guaranty Corp. v. May, 15 S.W.2d 594, 597 (Tex.Comm'n App. 1929, judgm't adopted); Herrera v. Texas Employers' Ins. Ass'n, 653 S.W.2d 359, 360 (Tex.App. — San Antonio 1983, no writ); Wilborn v. Texas Employers Ins. Ass'n, 558 S.W.2d 65, 67 (Tex.Civ.App. — Amarillo 1977, writ ref'd n.r.e.) The early case of Ocean Accident Guaranty Corp. v. May established the requirements necessary to comply with article 8307, § 5. The court held that filing the petition with the clerk of the proper court, with the bona fide intention that process shall be issued and served at once, is all that is necessary to comply with the statute.