1-1  By:  Lucio                                            S.B. No. 1306
    1-2        (In the Senate - Filed March 10, 1995; March 20, 1995, read
    1-3  first time and referred to Committee on Jurisprudence; May 3, 1995,
    1-4  reported adversely, with favorable Committee Substitute by the
    1-5  following vote:  Yeas 6, Nays 0; May 3, 1995, sent to printer.)
    1-6  COMMITTEE SUBSTITUTE FOR S.B. No. 1306                    By:  West
    1-7                         A BILL TO BE ENTITLED
    1-8                                AN ACT
    1-9  relating to notice of service by the secretary of state to certain
   1-10  nonresidents.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Section 17.045, Civil Practice and Remedies Code,
   1-13  is amended by amending Subsections (a) and (d) and adding
   1-14  Subsection (f) to read as follows:
   1-15        (a)  If the secretary of state is served with duplicate
   1-16  copies of process for a nonresident, the secretary of state <he>
   1-17  shall require a statement from the party requesting service of the
   1-18  name and address of the nonresident's home or home office where the
   1-19  party requesting service reasonably believes the nonresident may be
   1-20  served with process.  The secretary of state <and> shall
   1-21  immediately mail a copy of the process to the nonresident at the
   1-22  address specified in the statement from the party requesting
   1-23  service.
   1-24        (d)  Each <The> process or notice under this section must be
   1-25  sent by registered mail or by certified mail, return receipt
   1-26  requested.
   1-27        (f)  In the case of a default of judgment entered against a
   1-28  nonresident after service under this section, the process or notice
   1-29  is considered to have been received by the nonresident, even if the
   1-30  nonresident did not take possession of the process or notice on
   1-31  delivery by registered or certified mail, on proof that reasonably
   1-32  indicates that the nonresident, not later than the 30th day before
   1-33  the date of the default judgment, actually knew or reasonably
   1-34  should have known about the action against the nonresident.
   1-35        SECTION 2.  This Act applies only to a cause of action in
   1-36  which service of process or notice is made under Section 17.045,
   1-37  Civil Practice and Remedies Code, on or after September 1, 1995.  A
   1-38  cause of action in which service of process or notice is made
   1-39  before September 1, 1995, is governed by the law as it existed
   1-40  immediately before the effective date of this Act, and that law is
   1-41  continued in effect for this purpose.
   1-42        SECTION 3.  The importance of this legislation and the
   1-43  crowded condition of the calendars in both houses create an
   1-44  emergency and an imperative public necessity that the
   1-45  constitutional rule requiring bills to be read on three several
   1-46  days in each house be suspended, and this rule is hereby suspended.
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