By: Lucio S.B. No. 1306 A BILL TO BE ENTITLED AN ACT 1-1 relating to actual and constructive notices to nonresidents served 1-2 with process. 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 to read as follows: 1-6 Sec. 17.045. NOTICE TO NONRESIDENT. (a) If the secretary 1-7 of state is served with duplicate copies of process for a 1-8 nonresident, he shall require a statement of the name and address 1-9 of the nonresident's home or home office and shall immediately mail 1-10 a copy of the process to the nonresident. 1-11 (b) If the secretary of state is served with process under 1-12 Section 17.044(a)(3), he shall immediately mail a copy of the 1-13 process to the nonresident (if an individual), to the person in 1-14 charge of the nonresident's business, or to a corporate officer (if 1-15 the nonresident is a corporation). 1-16 (c) If the person in charge of a nonresident's business is 1-17 served with process under Section 17.043, a copy of the process and 1-18 notice of the service must be immediately mailed to the nonresident 1-19 or the nonresident's principal place of business. 1-20 (d) The process or notice must be sent by registered mail or 1-21 by certified mail, return receipt requested. 1-22 (e) If the secretary of state is served with duplicate 1-23 copies of process as an agent for a person who is a nonresident 2-1 administrator, executor, heir, guardian, or personal representative 2-2 of a nonresident, the secretary shall require a statement of the 2-3 person's name and address and shall immediately mail a copy of the 2-4 process to the person. 2-5 (f) Nothing in this section shall be construed to invalidate 2-6 a default judgment if it shall be proved that the person against 2-7 whom such judgment was taken had received actual or constructive 2-8 notice of the lawsuit at least 20 days prior to the date of entry 2-9 of the default judgment. The trial court is authorized to conduct 2-10 an evidentiary hearing after the default judgment is taken to make 2-11 this determination up to 180 days after the judgment is signed. 2-12 Out of state defendants with no registered agents in the State of 2-13 Texas who have entered into written agreements in Texas which 2-14 designate a specific address for service shall be deemed to have 2-15 received sufficient notice upon compliance by the secretary of 2-16 state with Subsection (d) of this section at the address specified 2-17 as provided in the agreement. 2-18 SECTION 2. EMERGENCY. The importance of this legislation 2-19 and the crowded condition of the calendars in both houses create an 2-20 emergency and an imperative public necessity that the 2-21 constitutional rule requiring bills to be read on three several 2-22 days be suspended, and this rule is hereby suspended, and that this 2-23 Act take effect and be in force from and after its passage, and it 2-24 is so enacted.