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.