By Oliveira H.B. No. 2788
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to actual and constructive notices to nonresidents served
1-3 with process.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 17.045, Civil Practice and Remedies Code,
1-6 is amended to read as follows:
1-7 Sec. 17.045. Notice to Nonresident. (a) If the secretary
1-8 of state is served with duplicate copies of process for a
1-9 nonresident, he shall require a statement of the name and address
1-10 of the nonresident's home or home office and shall immediately mail
1-11 a copy of the process to the nonresident.
1-12 (b) If the secretary of state is served with process under
1-13 Section 17.044(a)(3), he shall immediately mail a copy of the
1-14 process to the nonresident (if an individual), to the person in
1-15 charge of the nonresident's business, or to a corporate officer (if
1-16 the nonresident is a corporation).
1-17 (c) If the person in charge of a nonresident's business is
1-18 served with process under Section 17.043, a copy of the process and
1-19 notice of the service must be immediately mailed to the nonresident
1-20 or the nonresident's principal place of business.
1-21 (d) The process or notice must be sent by registered mail or
1-22 by certified mail, return receipt requested.
1-23 (e) If the secretary of state is served with duplicate
2-1 copies of process as an agent for a person who is a nonresident
2-2 administrator, executor, heir, guardian, or personal representative
2-3 of a nonresident, the secretary shall require a statement of the
2-4 person's name and address and shall immediately mail a copy of the
2-5 process to the person.
2-6 (f) Nothing in this section shall be construed to invalidate
2-7 a default judgment if it shall be proved that the person against
2-8 whom such judgment was taken had received actual or constructive
2-9 notice of the lawsuit at least 20 days prior to the date of entry
2-10 of the default judgment. The trial court is authorized to conduct
2-11 an evidentiary hearing after the default judgment is taken to make
2-12 this determination up to 180 days after the judgment is signed.
2-13 Out of state defendants with no registered agents in the State of
2-14 Texas who have entered into written agreements in Texas which
2-15 designate a specific address for service shall be deemed to have
2-16 received sufficient notice upon compliance by the secretary of
2-17 state with subsection (d) of this section at the address specified
2-18 as provided in the agreement.
2-19 SECTION 2. EMERGENCY. The importance of this legislation
2-20 and the crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three separate
2-23 days in each house be suspended, and this rule is hereby suspended,
2-24 and that this Act take effect and be in force from and after its
2-25 passage, and it is so enacted.