By:  Lucio                                            S.B. No. 1306
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to notice of service by the secretary of state to certain
    1-2  nonresidents.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 17.045, Civil Practice and Remedies Code,
    1-5  is amended by amending Subsections (a) and (d) and adding
    1-6  Subsection (f) to read as follows:
    1-7        (a)  If the secretary of state is served with duplicate
    1-8  copies of process for a nonresident, the secretary of state <he>
    1-9  shall require a statement from the party requesting service of the
   1-10  name and address of the nonresident's home or home office where the
   1-11  party requesting service reasonably believes the nonresident may be
   1-12  served with process.  The secretary of state <and> shall
   1-13  immediately mail a copy of the process to the nonresident at the
   1-14  address specified in the statement from the party requesting
   1-15  service.
   1-16        (d)  Each <The> process or notice under this section must be
   1-17  sent by registered mail or by certified mail, return receipt
   1-18  requested.
   1-19        (f)  In the case of a default of judgment entered against a
   1-20  nonresident after service under this section, the process or notice
   1-21  is considered to have been received by the nonresident, even if the
   1-22  nonresident did not take possession of the process or notice on
   1-23  delivery by registered or certified mail, on proof that reasonably
   1-24  indicates that the nonresident, not later than the 30th day before
    2-1  the date of the default judgment, actually knew or reasonably
    2-2  should have known about the action against the nonresident.
    2-3        SECTION 2.  This Act applies only to a cause of action in
    2-4  which service of process or notice is made under Section 17.045,
    2-5  Civil Practice and Remedies Code, on or after September 1, 1995.  A
    2-6  cause of action in which service of process or notice is made
    2-7  before September 1, 1995, is governed by the law as it existed
    2-8  immediately before the effective date of this Act, and that law is
    2-9  continued in effect for this purpose.
   2-10        SECTION 3.  The importance of this legislation and the
   2-11  crowded condition of the calendars in both houses create an
   2-12  emergency and an imperative public necessity that the
   2-13  constitutional rule requiring bills to be read on three several
   2-14  days in each house be suspended, and this rule is hereby suspended.
   2-15                       COMMITTEE AMENDMENT NO. 1
   2-16        Amend S.B. No. 1306 in SECTION 1, by striking Section
   2-17  17.045(a), Civil Practice and Remedies Code, and substituting a new
   2-18  Section 17.045(a), Civil Practice and Remedies Code, to read as
   2-19  follows:
   2-20        (a)  If the secretary of state is served with duplicate
   2-21  copies of process for a nonresident, he shall require a statement
   2-22  from the party requesting service of the name and address of the
   2-23  nonresident where the party requesting service reasonably believes
   2-24  the nonresident may be served with process.  The secretary of state
   2-25  <nonresident's home or home office and> shall immediately mail a
   2-26  copy of the process to the nonresident at the address specified in
   2-27  the statement from the party requesting service.
    3-1  74R13355 DAK-D                                     Hunter of Nueces