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