By Oliveira H.B. No. 2788
Substitute the following for H.B. No. 2788:
By Tillery C.S.H.B. No. 2788
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notice of service by the secretary of state to certain
1-3 nonresidents.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 17.045(a) and (d), Civil Practice and
1-6 Remedies Code, are amended to read as follows:
1-7 (a) If the secretary of state is served with duplicate
1-8 copies of process for a nonresident, he shall require a statement
1-9 from the party requesting service of the name and address of the
1-10 nonresident's home or home office where the party requesting
1-11 service reasonably believes the nonresident may be served with
1-12 process. The secretary of state <and> shall immediately mail a
1-13 copy of the process to the nonresident at the address specified in
1-14 the statement from the party requesting service.
1-15 (d) All <The> process or notice under this section must be
1-16 sent by registered mail or by certified mail, return receipt
1-17 requested. If the nonresident does not take possession of the
1-18 process or notice, the process or notice shall be considered to
1-19 have been received on proof that reasonably indicates that the
1-20 nonresident has, not later than 30 days before the date of the
1-21 default judgment, actually or constructively received knowledge of
1-22 the suit against the nonresident.
1-23 SECTION 2. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended,
2-5 and that this Act take effect and be in force from and after its
2-6 passage, and it is so enacted.