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.